Empty Closet, Sept 2010 Sec A

The Empty Closet number 438

a publication of the gay alliance of the genesee valley

Love & Marriage: the fight for equal rights

New York State’s Oldest LGBT Publication September 2010

NewsBriefs LOCAL & STATE NEWS

Prop 8 overturn is historic victory; weddings delayed

15 to Ride for Pride on Sept. 11

By Susan Jordan In a landmark ruling released on Aug. 4 in the case of Perry v. Schwarzenegger, U.S. District Court Judge Vaughn R. Walker found that California’s ban on marriage equality – also known

U.S. District Court Judge Vaughn Walker Rochester marchers celebrate the Prop 8 victory on Aug. 4. Photo: Ove Overmyer

Rochester responds: Aug. 4 march, rally

By Laura McSpadden On Aug. 4, over 80 people came together in a show of Rochester community support for the California court ruling that day which repealed Proposition 8.

The day’s events included a press conference, a rally at the Liberty Pole Plaza, a march through the streets of Rochester, and a celebratory wrap-up by the “Three Pride Symbols” sculpture at the intersection of University and Atlantic Aves.

This community response was a coordinated effort between local organizations that support marriage equality for all citizens.

The press conference The press conference was held at the Gay Alliance’s Youth Center. Speakers included Scott Fearing from the Gay Alliance, Todd Plank from Marriage Equality New York (MENY), Chelsea Miller from the Civil Rights Front (CRF), Rev. Denise Donato of Mary Magdalene Church, Gary Pudup from the

group has organized a Wedding March across the Brooklyn Bridge for several years, and now is bringing the March to various places around New York State.

The March will take place in downtown Rochester, Jeff Friedman and Cathy Marino-Thomas gathering at 1:30 of Marriage Equality NY at the Picnic. p.m. at the Monroe County Office Rochester Building. At 2 p.m., it will cross the Main St. bridge and pass responds: Wedding the Radisson, turning left on March is Sept. 26 St. Paul and then on Mortimer St., crossing the Sister Cities

By Susan Jordan pedestrian bridge and continuMarriage Equality New ing along the Genesee, ending York (MENY) will sponsor a with a community gathering at Wedding Equality March here (Marriage continues page 3) on Sept. 26. The NYC-based Photo: Susan Jordan

as Proposition 8 – violates the 14th Amendment to the United States Constitution. Jubilant crowds celebrated in California and across the country, including in Rochester. The Latino Equality Alliance held a candlelight prayer vigil in Los Angeles.

Proposition 8, which declared that “Only marriage between a man and a woman is valid or recognized in California,” was ruled unconstitutional. “The contrary evidence proponents presented is not credible,” wrote Judge Walker in the final ruling of the case. “Indeed, proponents presented no reliable evidence that allowing same-sex couples to marry will have any negative effects on society or on the institution of marriage.”

Walker made it clear that “the most likely explanation” for Prop 8’s passage is “the belief that opposite-sex couples are morally superior to same sex couples.” His ruling listed 80 “points of fact” which any other court must disprove in order to overturn the ruling.

The decision affirms that no Americans’ constitutional rights to equal protection and due process can be removed due to personal prejudices of other citizens.

LGBT Americans’ rights have been violated for no good reason, Walker said, noting that Prop 8 has failed “to advance any rational basis in singling out gay men and lesbians for denial of a marriage license.”

The complete text of the ruling can be read at http://www.

(Prop 8 continues page 8)

Section A

Partnerships The Gay Alliance appreciates the continuing partnership of businesses within our community who support our mission and vision.

Gold Eastman Kodak Company; Excellus, Mass Mutual Financial Group; Merrill Lynch; MetLife, Nixon Peabody, LLP Silver Ace Mailing Services; Bachelor Forum; Bausch & Lomb Inc.; Corning Incorporated; Harter Secrest & Emory LLP; Heveron & Heveron CPAs; ITT Corporation; Monroe Plan for Medical Care; Out and Equal New York Finger Lakes; Professional Tutoring Services; Sage Advisors of Sage Rutty; St. John Fisher College; St. Likes and St. Simon Cyrene; Tim Tompkins Enterprises; Xerox Capital Services Bronze 140 Alex Bar and Grill; Bread and Water Theatre; Canandaigua National Bank; Center for Disability Rights; Empire State College; Equal=Grounds; Galaxe Pride at Work; Image Out; Kittleberger Florist & Gifts; MUCCC; Open Arms Metropolitan Community Church; Outlandish; Park Avenue Association; Third Presbyterian Church; Wegmans Food Markets; The Woolbright Group Pride RIT GLBT Center; Rochester Victory Alliance; Thomson Reuters; Upstate Tattoo

New York Civil Liberties Union (NYCLU) and Karen Goulet of Pride & Joy Families. Each of these individuals had different emphases on the same theme: marriage equality is an important and fundamental right, and it is important that efforts towards equal rights continue on as long as inequalities persist.

“The support of the NYCLU for marriage equality remains unwavering,” Pudup said. “Not only do we need to stay supportive of what is going on in California, we need to also remember that we need to correct the situation here in New York State.

The ideas behind Prop 8 and marriage inequality are fundamentally contrary to the Constitution and to American values that one group of people cannot vote away the rights of another.”

“As a person of faith who comes from the Christian tradition, the Bible tells us in the very first chapter that each one of us is created in the image and likeness of God,” Donato said.

“If my husband and I had ever had to consider what it would have been like to live in a time or a world where our marriage would not have been accepted, well, I can’t imagine the pain that that carries. What I know is that when everyone is treated with equality, dignity, pride and respect, it enriches our lives.”

(Rochester continues page 3)

On Saturday, Sept. 11, 15 riders will set off on a bike ride fundraiser for the Gay Alliance.

If you would like to support any of the Ride For Pride riders, please go to the website http://www.gayalliance.org/ component/content/article/11events/283-ride-for-pride.html Organizer Jason R. Croft said, “We are people who thought it would be the perfect way to give back to an outstanding organization.

They have done so much for the LGBT community and are comprised of people that are passionate about what they do. The fact that we get to look like ‘Knights in Rainbow Armor’ while spending quality time with friends is just icing on the cake.” (See interview, page B 3)

Pride conference set for Oct. 2 at Chautauqua Rainbow Pride Connection GLBT Conference will take place at Chautauqua on Saturday, Oct. 2.

The conference will run from 9 a.m. through 10 p.m., coordinated by the Chautauqua Gay and Lesbian Community and the Erie, Pa. GLBT Community.

Go to RainbowPrideConnection.net to view the schedule of events and register.

The conference will feature workshops on a variety of topics of interest to the LGBT community and a documentary film on the gay and lesbian history of Buffalo. It will close with a Coffee House event. ■

Inside

Section A Newsfronts..................................4 Interview: Candidates..................6 Remembering Rochester....... 14 Pride research......................... 16 Making The Scene: MOCHA Center awards......................... 19 Section B Entertainment: ImageOut Fair....1 Columnists..................................5 GAGV News: CampusOUT....... 12 Groups ..................................... 15 Calendar................................... 18 Classifieds................................ 18 Ongoing Calendar................... 19

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the empty closet • the gay alliance of the genesee valley • number 438 • September 2010

Perspectives From the Empty Closet Editor Susan Jordan

Voting on civil rights – it’s wrong The Prop 8 overturn is a historic victory for LGBT Americans. But when you think about it, only the most fanatical conservative activist judge could have reached any other decision. Judge Walker, neither a rightwing nor a leftwing activist, looked at the law and the facts.

Actually he established 80 “points of fact” which other courts will have to disprove one by one, if they want to overturn his decision.

But should Prop 8 ever have existed at all? Referendums on marriage or other gay civil rights issues are a way to “let the voice of the people be heard,” according to the Right’s “culture warriors.”

Just the voices they agree with, that is. Since when is it OK for any Americans’ civil rights to be determined by popular vote? You can’t vote on whether certain citizens should have the same civil rights as you. According to the Declaration of Independence, all Americans have certain inalienable rights, including “the pursuit of happiness” – and our Constitution gives all Americans the right to due process and equal protection under the law.

Rightwing activists try to get around this by claiming, in effect, that homosexuals, unlike heterosexuals, have no right to

Gay Alliance of the Genesee Valley The Empty Closet is published by the Gay Alliance of the Genesee Valley 875 E. Main Street, Suite 500 Rochester, New York 14605 © 2010, All rights reserved.

From the Executive Director Sue Cowell

pursue happiness or to get due process and equal protection.

They claim gay citizens’ rights must be determined by popular vote, secure in the knowledge that in many states a majority is still prejudiced against gays (and conservatives have spent millions making sure that continues to be the case).

The decision slaps down that nonsense and establishes that no Americans can be denied civil rights because other citizens have personal prejudice against them. Now the Right is hoping that the Roberts Supreme Court contains enough conservative activist justices to overturn the ruling.

Does anyone imagine that the Germans who elected Hitler in 1933 would have voted for anti-discrimination protections for Jews, or that most white Americans c. 1960 would have voted for civil rights for African Americans? In fact, the language used by George Wallace to deny black children admission to integrated schools is literally the same language used by today’s extremists to deny gay Americans marriage equality. The conservative line was (and is) that if courts rule in favor of school integration (or marriage equality), this would mean that white (or straight) people would no longer have the “freedom” to discriminate against the people they hate.

Injustice and prejudice exist in our society. And one of the things that the American judicial system was created for is to protect minorities against “the tyranny of the majority”.

How offensive of bigoted heterosexuals to claim they have the right to decide whether our love and our families are “real”! The good news: A CNN poll says a majority now backs marriage equality. The Wedding March planned here for Sept. 26 is an opportunity to show, in a positive way, that our love is indeed real and our families do exist – and no referendum can ever change that. ■

Never Miss an Issue

Fall Happenings at the Gay Alliance For the staff of the Gay Alliance, it seems that just as PRIDE celebrations are wrapped up, fall arrives. And, like always, this fall is shaping up as a very busy time for us.

The start of school always brings an onslaught of requests for Safe Zone and classroom presentations. This means our Speakers Bureau and SafeZone trainers are busy running between campuses and schools. All of this activity is guided by our OutReach Coordinator, Jeanne Gainsburg. If you know of a school, classroom or workplace that would benefit from a training on LGBT issues, give Jeanne a call (244-8640 ext 14) and she will work it into our schedule.

In addition to the work of our OutReach team, the start of school also means that our Youth Program and CampusOut programs ramp up their efforts as well. This fall both a Youth Summit and a CampusOUT conference will occur here in Rochester. Feel free to contact us for more details.

Our community education program, InQueery, is now completing its fall and winter schedules. There will be free screenings and discussions of LGBT documentaries and a number of new classes.

Editor-in-Chief: Susan Jordan Staff Reporters: Ove Overmyer, Laura McSpadden Graphic Design: Jim Anderson

At the Alliance we routinely receive calls from people who are questioning and/or coming out. This fall, new InQueery classes will allow participants to examine the complexities, challenges and opportunities related to coming out as LGBT. If you want more details on the work of the Gay Alliance, you can now view our Annual Report to the Community for 2008, 2009 and 2010 at www.GayAlliance. org, under the About Us tab.

Over the years the staff of the Gay Alliance has developed a variety of programs in response to the needs of the community and we continue to respond to these needs.

In Mid-September a group of friends is hosting the Ride for Pride fundraiser to benefit the Gay Alliance. Please visit the website to support a bike rider. Also this fall we will host The Gay Alliance Dines Out on Oct. 29 -- you and your friends go out to a participating restaurant and they will donate a portion of your bill to support the Gay Alliance.

All of our work depends on the generous support of donors and sponsors. True, we do receive some financial support from the State of New York and other grants, but it is your support and the monies raised at special events that keep us strong. Without your help, we would be faced with very difficult choices.

Another great way to support the Gay Alliance and our community is through our Volunteer Program. In 2009 our generous volunteers donated more than 4,500 hours of their time. Volunteers are greatly appreciated and are an invaluable part of our team.

Thank you for your ongoing support and please join us to Dine Out or at an upcoming InQueery event. You will have fun and learn something too. ■

Advertising policy: The Empty Closet does not print advertisements that contain nude drawings or photographs, nor does it print advertising that states that the person pictured in the ad is for sale, or that you will “get” that particular person if you patronize the establishment advertised. Advertisements that are explicitly racist, sexist, ageist, ableist or homophobic will be refused; advertisements from organizations that are sexist, racist, ageist, ableist or anti-gay will also be refused. All political advertisements must contain information about who placed them and a method of contact. Additionally, The Empty Closet does not print negative or “attack” advertisements, whether they relate to a product or politics and no matter in whose interest the ad is being produced. A negative advertisement is defined as one that focuses upon a rival product, or in the political area, a rival election candidate or party, in order to point out supposed flaws and to persuade the public not to buy it (or vote for him or her). The Empty Closet maintains, within legal boundaries, neutrality regarding products, political candidates and parties. However, “attack” ads that fail to provide undisputable evidence that the information in the ad is true do not further in any way the objectives and policies of the Gay Alliance or The Empty Closet, including the primary tenet that The Empty Closet’s purpose is to inform the Rochester gay community and to provide an impartial forum for ideas.

Submissions: For publication, submit news items, ads, photos, letters, stories, poetry, ads, photographs or art by mail or in person to The Empty Closet office by the 15th of the month.

Design services for non-camera ready ads are available for a fee. (www.emptycloset@ gagv.us) Publication Information: The Empty Closet is published 11 times a year (December and January combined) by The Empty Closet Press for the Gay Alliance of the Genesee Valley, Inc. Approximately 5000 copies of each issue are distributed during the first week of the month, some by mail in a plain sealed envelope. The publication of the name or photograph of any person or organization in articles is not an indication of the sexual or affectional orientation of that person or the members of that organization. For further information, please write to The Empty Closet, 875 E. Main St., Rochester NY. 14605, call (585) 244-9030 or e-mail emptycloset@gagv.us.

The Empty Closet is the official publication of the Gay Alliance of the Genesee Valley, Inc., as stated in the bylaws of that organization. Its purpose is to inform the Rochester gay community about local and national gay-related news and events; to provide a forum for ideas and creative work from the local gay community; to help promote leadership within the community, and to be a part of a national network of lesbian and gay publications that exchange ideas and seek to educate.

Part of our purpose is to maintain a middle position with respect to the entire community. We must be careful to present all viewpoints in a way that takes into consideration the views of all – women, men, people of color, young and old, and those from various walks of life.

The opinions of columnists, editorial writers and other contributing writers are their own and do not necessarily reflect the collective attitude of the Gay Alliance of the Genesee Valley or The Empty Closet. The Empty Closet shall not be liable for any loss or expense that results from the publication (whether correctly or incorrectly) or omission of an ad. In the event of non-payment, your account may be assigned to a collection agency or an attorney, and will be liable for the charges paid by us to such collection agency or attorney.

Letters to the editor: The opinions of columnists, editorial writers and other contributing writers are their own and do not necessarily reflect the collective attitude of the Gay Alliance of the Genesee Valley or The Empty Closet. We will print letters at the editor’s discretion and on a space available basis. Only one letter by the same writer in a six-month period is allowed. We will not print personal attacks on individuals, nor will we be a forum for ongoing disputes between individuals. We reserve the right to edit for space and clarity. We will print anonymous letters if the name and phone number are provided to the Editor; confidentiality will be respected. Submissions are due by the 15th of the month at: The Empty Closet, 875 E. Main Street, Suite 500, Rochester, NY 14605; e-mail: emptycloset@gagv. us. Online edition of EC available at www. gayalliance.org.

Name Address City/State/Zip Phone E:mail Membership levels: ❏ $20 Student ❏ $30-99 Advocate ❏ $100-999 Champion ❏ $1,000-4,999 Triangle Club ❏ $5,000+ Stonewall Benefits include a subscription to the Empty Closet mailed to home or work, plus privileges at each level.

Phone: 585 244-8640 or mail to the Gay Alliance, 875 E. Main St., Suite 500, Rochester, New York 14605 Home Delivery of The Empty Closet is Free with your annual membership in the Gay Alliance.

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September 2010 • number 438 • gay alliance of the genesee valley • the empty closet (Rochester from page 1) Karen Goulet addressed the audience with her young daughter by her side. “There are about 45,000 LGBTQled families in the state of New York,” Goulet said. “These families are directly impacted by today’s decision in California because it sends a message to our families, here in New York State and throughout the country, with and without children.”

“We know that children need and deserve legal protection and recognition that marriage equality would provide,” she continued. “This decision reminds us that no family should have to struggle to support, protect and provide for one another due to the lack of legal family recognition.”

Rally and March The rally, march and celebratory wrapup were organized and coordinated by Civil Rights Front (CRF). Approximately 85 people participated in these events.

At the rally, speeches were given by Todd Plank (MENY), Sarah Ives (CRF), Pat Martinez (local activist) and Chelsea Miller (CRF). ASL interpretation was provided by CRF member Denise Herrera.

“This is a momentous day in the history of LGBT law,” Plank said. “Today’s decision marks the first time a federal district court has ruled explicitly on the constitutionality of a voter approved initiative that withdrew marriage equality rights from millions of Californians.

“It will also set the stage for the upcoming legal battle in the Ninth Circuit Court of Appeals in the United States Supreme Court,” he continued.

“The momentum for this movement continues to gather. It is only a matter of time before we will have marriage equality in California, New York, the United States and the world.”

“This is a moment of historic importance to the LGBT movement, as well as the history of civil rights in this country as a whole,” Miller said. “Today’s victory is due largely to the momentum generated by the new generation of activists who first stood up when Proposition 8 was initially passed.

“It still falls upon us to keep up the pressure as we push for full federal equality for all citizens in all matters governed by civil law,” Miller continued. “This fight is not over.”

The march took the celebrating crowd down East Ave., Goodman St. and University Ave. Chants such as “Hey, Obama, let mamma marry mamma!” and “Gay, straight, black, white: marriage is a civil right!” echoed through the streets, while signs proudly proclaimed messages of hope, excitement and a commitment to keep working towards full equality.

Participants were excited by the number of pedestrians and motorists who waved, cheered and honked their horns in a show of support. The march ended by the “Three Pride Symbols” statues at the intersection of University and Atlantic: those who had marched were met by many people who had already gathered there in anticipation of the day’s wrap-up event. Short speeches were given by Kelly Clark of the Gay Alliance, Melissa Kelsey of CRF and Bess Watts of Pride at Work.

“While today’s decision is awesome, I want us to remember that there are still members of the LGBT community that are waiting for the anti-discrimination laws to apply to them,” Clark said. “There are many in our community who don’t have the luxury to think about marriage because they face discrimination and violence on a daily basis. Please remember LGBT victims of violence.”

The repeal of Prop 8 was a cause for joyous celebration in Rochester and around the country, and yet, no one was able to forget that so much remains to be done before full equality for LGBT people is a reality. ■

(Marriage from page 1) Genesee Crossroads/Charles Carroll Park.

At the conclusion of the March there will be a community celebration at Gen-

esee Crossroads Park. People can bring their own beverages and snacks and picnic along the riverfront. A food vendor will be on site with food and beverages for purchase. Pride & Joy Families will have fun activities planned for families with children ages 5-12.

Call Todd Plank with questions at 585278-4190, or e-mail todd.plank@gmail. com (put Wedding March in subject line).

People are encouraged to register online at www.meny.us or call 877-772-0089.

Questions about the Rochester March can be emailed to rocmarch@meny.us.

When registering online, individuals, couples and families are encouraged to create a fundraising page and invite their friends and co-workers to sponsor them and help raise funds to support the work of MENY. By raising $25 or more you can qualify to receive a MENY t-shirt and/ or umbrella (available in sixes S-3XL) in your choice of any six of the rainbow pride colors (red, orange, yellow, green, blue or purple). Items can also be purchased online or by contacting Todd Plank.

Plank told The Empty Closet, “This will be the first year that Rochester will be participating in Marriage Equality New York’s Annual Wedding March. Buffalo and Albany are also organizing marches to coincide with NYC’s march across the Brooklyn Bridge. With the November elections fast approaching, it is critically important that New Yorkers send a message to both their current and prospective State and Federal legislators that LGBT people and our many allies demand equality now! Across NYS and the USA we collectively comprise a huge voting block.

Politicians ignore us at their own peril!”

MENY leaders speak out Jeff Friedman, board president of the MENY PAC, and Cathy Marino-Thomas, board president and communications director of MENY, came to Rochester for the Pride Picnic on July 18. They talked with The Empty Closet about their statewide organizing plans for this year.

Jeff Friedman said, “We are a single issue group and we will be focusing on key districts, trying to pick up another yes vote in the NYS legislature.”

The Human Rights Campaign’s senior strategist for New York marriage equality, Brian Ellner, will be working with MENY and the other groups fighting to pass the marriage equality bill; they include the Empire State Pride Agenda, Fight Back New York and Outspoken for Equality.

Cathy Marino-Thomas said, “We are happy to work with Brian Ellner.” She added that several legislators, both Democrat and Republican, who voted against marriage equality last December, are seen as vulnerable in the November election or in this month’s primary. She said, “Shirley Huntley, a Queens Democrat, is facing a primary challenge and is seen as vulnerable.”

In upstate, MENY feels that Republican Senator Joseph Robach is facing a serious challenge in November from Democratic challenger Robin Wilt, a progressive who is a supporter of LGBT people’s right to marry and have their families legally recognized. Wilt attended the July 16 Pride kick off party, walked in the Parade on July 17 and came to the Picnic on July 18. She has been endorsed by the Pride Agenda, NOW, Planned Parenthood Advocates and the Women’s Campaign Forum.

Jeff Friedman said, “We just need to appeal to the Democratic base and get our message out. If we can do that, we will win. Robin is very focused, and we are very focused.”

Cathy Marino-Thomas said, “People are ready for a change. It’s the best time for people like Robin. She’s very dynamic and on point and has a real handle on what’s happening in this area.”

Jeff concluded, “Robin represents the new progressive generation. The notions of Republican and Democrat of the past haven’t brought us anything. Forty years of Republican control in the Senate didn’t help upstate. Taxes have continued to rise, although Republicans said they’d reduce taxes. But they just passed the buck to the counties. We need real change.” ■

NewsFronts LOCAL AND STATE

Sen. Eric Schneiderman gets endorsements

By Ove Overmyer New York State Senator Eric T. Schneiderman, first elected to represent a district that spans parts of the Upper West Side and the Bronx in 1998, is one of five Democratic candidates running for NYS Attorney General.

Schneiderman is the chairman of the powerful Senate Codes Committee, which reviews legislation that deals with issues of law and justice. He has recently been at the center of several major initiatives in Albany that have stirred up intense public debate.

Eric has already been endorsed by a host of LGBT organizations, including the Empire State Pride Agenda and Marriage Equality New York, all four major LGBT democratic clubs in New York City, and LGBT elected officials including New York City Council Speaker Christine Quinn.

In endorsing Eric, these leaders join a broad and diverse coalition of progressive New Yorkers and the unanimous endorsement of the state’s largest labor union, 1199/SEIU United Healthcare East, the largest private-sector union, 32BJ, NARAL Pro-Choice New York and Citizen Action.

Primary Election Day is Sept. 14.

thermore, as shown in emails between CDR and the county, Monroe County was completely aware that CDR cooperated in this investigation.

“Although it was painful to have governmental officials making such erroneous allegations, we wouldn’t say anything that might interfere with criminal proceedings. This is just another example of Monroe County officials lying about our organization in an effort to destroy our reputation, and I am happy that the truth of these cases is coming out,” said Bruce Darling, President/CEO of CDR. Facts about these cases These cases were brought against two attendants who submitted timesheets for periods of time when the consumer was hospitalized, thus fraudulently billing Medicaid.

When the fraud was verified, the employment of the attendants was immediately terminated.

The consumer was in Strong Memorial Hospital at the time these falsified timesheets were submitted and therefore was not subject to any neglect from the fraud.

The timesheets were signed by the supervisor and no notification of the hospital stays were made to CDR, so CDR staff did not have any cause to question the validity of the timesheets.

CDR was aware of at least one period of hospitalization and did not bill Medicaid for that time.

The court convicted the two attendants of Petit Larceny for Medicaid fraud and CDR was deemed a “victim” in the case.

The Center for Disability Rights, Inc. (CDR) is a non-profit service and advocacy organization devoted to the full integration, independence and civil rights of people of all ages with all types of disabilities. With services in 13 counties in New York State and offices in Rochester, Corning, Geneva, Albany, and New York City, CDR represents the concerns of thousands of people with disabilities.

CDR shows evidence against County claims On Aug. 18, the Center for Disability Rights (CDR) released letters from the Monroe County Office of Probation and Community Corrections that clearly state that a Medicaid Fraud investigation has been completed, that the attendants involved were prosecuted and CDR was identified as “a victim” in the case. Additionally, CDR released several emails showing that CDR was cooperating with Monroe County in this case.

In an effort to bolster the argument for terminating their contract with the Center for Disability Rights, Monroe County officials stated that CDR was under investigation for Medicaid fraud.

CDR denied this claim, but the organization – like law enforcement officials – could not share any specific information on open criminal cases. With the recent conviction, these cases are now officially closed and CDR is pleased to have the opportunity to set the record straight.

Both the Office of Medicaid Inspector General (OMIG) and the New York State Attorney General’s Medicaid Fraud unit have been involved, and CDR has worked diligently with law enforcement to bring these cases to conviction. Fur-

Robin Wilt with Brighton Town Supervisor Sandra Frankel at the 19th Amendment Festival on Aug. 20 at the Susan B. Anthony/Frederick Douglass Park. Photo: Susan Jordan

ESPA, NOW, WCF, PPA endorse Robin Wilt Robin Wilt (D-WFP), running for New York Senate in the 56th district, has earned the endorsement of the bipartisan Empire State Pride Agenda for her grassroots leadership and steadfast support of civil rights for all New Yorkers and also the endorsements of the Women’s Campaign Forum (WCF), Planned Parenthood Advocates of N.Y. and the National Organization for Women (NOW).

“The erosion of civil rights for any minority group should not be tolerated at any jurisdictional level,” Wilt (Local & State News continues page 15)

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the empty closet • the gay alliance of the genesee valley • number 438 • September 2010

NewsFronts national and international Servicemembers United launches web ad campaign on DADT Servicemembers United, the nation’s largest organization of gay and lesbian troops and veterans and their allies, announced on Aug. 10 that its new lobbying arm, the Servicemembers United Action Fund, has launched its first web ad on repealing “Don’t Ask, Don’t Tell.”

The new ad is the first in a series that will be visible at www.MilitaryReadiness. org.

“This new ad, and the subsequent ads that will be released each week, help put a human face on the ‘Don’t Ask, Don’t Tell’ issue for a national mainstream audience and effectively demonstrate how this outdated law actually harms military readiness,” said Alexander Nicholson, Executive Director of Servicemembers United and the Servicemembers United Action Fund.

The new ad series focuses on the theme of how “Don’t Ask, Don’t Tell” actually harms military readiness. The first ad, launched Aug. 10, features former U.S. Army Staff Sergeant Brian Muller, a combat veteran and skilled Bomb Disposal Technician who was discharged under “Don’t Ask, Don’t Tell.”

Several ads from the series will also be selected to air on national cable networks and local television stations in Servicemembers United’s high-priority Senate target states this month.

The new ad can be viewed at www.

MilitaryReadiness.org. A direct link to the video and embedding code can be found at www.YouTube.com/ServicemembersUnited.

Honored Air Force vet won’t be discharged (yet) Servicemembers Legal Defense Network (SLDN) and Morrison & Foerster LLP, representing their client, Lt. Col. Victor Fehrenbach, a highly-decorated Air Force veteran, reached an agreement Aug. 16 with the U.S. District Court for the District of Idaho, U.S. Department of Justice, and the U.S. Air Force, on the pending request for a temporary restraining order.

The agreement prevents the Air Force from discharging Lt. Col. Fehrenbach under “Don’t Ask, Don’t Tell” (DADT), until the Court can schedule a hearing on the motion for a preliminary injunction.

Attorneys for Lt. Col. Fehrenbach filed a motion in U.S. District Court for the District of Idaho on Aug. 11, seeking

a court order preventing the Air Force from discharging Fehrenbach, arguing that the government cannot establish that his continued service on active duty hinders “morale, good order and discipline, and unit cohesion.”

Statement by Morrison & Foerster’s M. Andrew Woodmansee: “This is exactly what we asked the Court to do in our motion on Wednesday, and we are pleased that the Air Force has agreed to preserve the status quo until we can have a full hearing. Of course, we continue to hope that the Air Force will do the right thing and let this war hero continue to serve this country.”

Statement by Servicemembers Legal Defense Network Executive Director and Army Veteran Aubrey Sarvis: “The agreement recognizes the immediate harm to Lt. Col. Fehrenbach and insures that he will eventually get to make his case at a full blown hearing without losing his job. This agreement is a victory for Lt. Col. Fehrenbach and our nation.

The Air Force can still do the right thing and retain Lt. Col. Fehrenbach under the Pentagon’s own revised regulations on ‘Don’t Ask, Don’t Tell.’ The Senate needs to act next month to get rid of this antiquated law that dishonors some of our finest and most talented service members.”

Virginia moms foil bigotry with “Pennies in Protest” campaign In March 2010, a Kansas hate group called the Westboro Baptist Church (WBC), led by infamous bigot Fred Phelps, came to Richmond, Virginia to protest local LGBT and Jewish organizations. Instead of fighting the WBC’s hate with more anger, four local moms came together and used the visit as an opportunity to spread kindness through the community. In less than a week, they founded Pennies in Protest, raised over $14,000, and gave it directly to the targeted organizations.

The Richmond group has now finished setting up a “how-to” website that teaches anyone, anywhere, how to do what they did: www.penniesinprotest. com. A video about their effort in Richmond is intended to promote the website: http://www.youtube.com/watch?v=3qK95kn6LA&feature=youtube_gdata The WBC’s website, www.godhatesfags.com, has a full schedule of where the WBC plans to visit next and which organizations they plan to protest.

Anyone is free to use the name Pennies in Protest and anyone is free to use the mate-

rials on the website, including sample letters, press releases, tweets, etc. They have also posted a photograph of the Thank You note the group sent to the WBC on behalf of the GLBT and Jewish organizations who got all the money. “The Thank You note was a very fun and satisfying part of the process!” organizers note.

Study: Gay couples’ adopted children do well A recent study conducted by the University of Virginia found that the sexual orientation of prospective adoptive parents should not be considered when placing children in adoptive homes.

The research, funded by the Williams Institute, assessed adjustment and development among preschool-aged children adopted at birth by lesbian, gay or heterosexual couples. Measured adjustment and development of the children were shown to be unrelated to the sexual orientation of the parents. Rather, the children’s adjustment was significantly associated with how warmly their parents related to them.

The full study can be found at: http://www.law.ucla.edu/WilliamsInstitute/pdf/FarrForssellPatterson2010AppliedDevScience.pdf

American Bar Assoc. backs marriage equality On Aug. 10, the American Bar Association passed the following resolution: “RESOLVED, That the American Bar Association urges state, territorial, and tribal governments to eliminate all of their legal barriers to civil marriage between two persons of the same sex who are otherwise eligible to marry.”

Evan Wolfson, Executive Director of Freedom to Marry, commented, “The American Bar Association, the largest voluntary professional organization in the world, has strongly declared that there is no good reason to continue excluding same sex couples from marriage. With today’s resolution, the ABA embraces our nation’s promise of liberty and equal protection under the law and signals a growing consensus in America’s legal profession that marriage is a fundamental right that belongs to every citizen.”

CNN poll: majority now backs marriage equality On Aug. 11, CNN released a national poll in which they asked, “Do you think gays and lesbians should have a constitutional right to get married and have their marriage recognized by law as valid?”

52 percent of respondents replied “Yes.” 46 percent replied “No.” And two percent had “No Opinion.” Sampling Error: +/-4.5 Percentage Points.

Evan Wolfson, Executive Director of Freedom to Marry, on CNN’s groundbreaking poll, commented, “For the first time, a national poll shows that a majority of Americans support the freedom to

marry and that those who would deny liberty and equal protection to same-sex couples are in the minority. As last week’s federal ruling striking down Prop 8 again confirmed, there is no good reason to continue excluding same-sex couples from marriage. Americans are realizing that gay couples crave the personal significance of marriage and need the critical safety of protections and responsibilities that marriage brings. With many hearts and minds still to be changed, we must continue making as strong a case for the freedom to marry in the court of public opinion as we are making in the courts of law.”

Report assesses black lesbians’ needs Recently, the Zuna Institute released the black lesbian needs assessment report, “Black Lesbians Matter.” Funded by a grant from the Arcus Foundation, with additional support from the Gill Foundation and the Astraea Lesbian Foundation for Justice, the report was essentially a black lesbian “census.”

Authored by Francine Ramsey, Executive Director of the Zuna Institute; Dr. Marjorie J. Hill, Executive Director of Gay Men’s Health Crisis (a Coalition member) and Cassondra Kellam, a PhD student at the CUNY Graduate Center, this report examines the unique experiences, perspectives, and priorities of the Black Lesbian community.

A copy of the report is available at: http://zunainstitute.org/ index.php?option=com_ content&task=view&id=114

Marriage equality gains in Mexico, Costa Rica In early August the Mexican Supreme Court ruled that Mexico City’s marriage equality law was constitutional. On Aug. 11, the Court ruled by a 9-2 vote that those marriages are valid nationally. This means that even if other Mexican states don’t have marriage equality laws, they have to treat LGBT couples married in Mexico City the same as straight couples.

All 31 states must recognize samesex marriages performed in the nation’s capital, which at the moment is the only place they are legal. Mexico City D.F. is a separate federal district, much like Washington D.C. In a 9-2 decision, the tribunal cited an article of the constitution requiring states to recognize legal contracts drawn up elsewhere. It did not specify what degree of recognition must be granted to same-sex couples. Mexico City’s same-sex marriage law, enacted in March, extends to wedded gay couples the right to adopt children, to jointly apply for bank loans, to inherit wealth and to be covered by their spouses’ insurance policies.

Legal adoption?

The Mexican Supreme Court ruled in early August that same-sex weddings are constitutional. On Aug. 16, the Mexican Supreme Court voted 9-2 to approve

September 2010 • number 438 • gay alliance of the genesee valley • the empty closet adoptions by same-sex couples in a preliminary vote.

“To declare constitutional option requires at least eight votes of the eleven judges on the Court, so it is now to be adopted at the formal process of voting.

The ministers declared a recess and then continue with a second round of positions, then the vote will take place. Only the Minister-President Guillermo Ortiz and Salvador Aguirre Anguiano Mayagoitia have spoken out against same sex couples having the right to adopt. In contrast, most of the ministers agreed that it would be discriminatory to prohibit making such couples.” (joe.my.god.com) These rulings do not force any of the states to allow gay marriage, but help clears the way for the more liberal parts of the country to move forward.

Costa Rica court rejects referendum Also on Aug. 11, the Supreme Court in Costa Rica ruled that a referendum scheduled for Dec. 1, which would have banned marriage rights for same-sex couples, is unconstitutional.

The majority determined that the issue of marriage rights was a judicial issue and not an electoral issue and that the rights of minorities should never be subjected to a referendum process where they might be subjected to the wishes of a majority.

Social workers fight jail abuse of LGBT youth News coverage of violence against gay, lesbian, bisexual and transgender youth in detention is increasing. However, social workers have long been aware of this trend and battled to end such abuse.

SocialWorkersSpeak.org gathered social work experts to discuss the issue and how to address the problem. SocialWorkersSpeak.org is a Web site that lets social workers influence how they and issues they care about are portrayed on television, in movies, and in the news.

The interview states that several news organizations have recently reported on rampant abuse of lesbian, gay, bisexual and transgendered young people in the juvenile justice system. However, for some National Association of Social Workers (NASW) members, these harrowing tales of LGBT youth being verbally and physically assaulted on a daily basis, and even raped by other inmates and staff, are nothing new.

Social workers have known about this problem for years and tried to end abuse by improving training of staff at jails, prisons and other youth facilities around the nation “Yes, it’s an ongoing problem – it’s been a problem for decades,” said social worker Caitlin Ryan, PhD, ACSW, director of the San Francisco State University Family Acceptance Project, an initiative that studies the impact of family acceptance and rejection on LGBT youth. “It really has not been addressed at the systemic level.”

“Although there are wonderful guards and staff in every facility, there are some

guards and staff with their own agendas and prejudices,” said Robin McHaelen, MSW, a social worker and director of True Colors Inc. Sexual Minority Youth and Family Services in Hartford, CT. “When a staff member calls a youth names or harasses them, or equally importantly fails to intervene when the youth is being harassed because of their orientation or gender, other youth learn that is acceptable behavior – it escalates from there.”

Media coverage of sexual abuse of juveniles in detention picked up in January when the Justice Department released its first report ever on sexual abuse of youth in detention centers. That report said 12 percent of youth in state-run, privately run, or local facilities have been sexually victimized.

However, later reporting has focused on the fact that abuse of LGBT youth in detention occurs at a much higher rate.

The Nation, the oldest magazine in the United States, in June ran a news story about violence against LGBT youth in the juvenile justice system. And the Juvenile Justice Project of Louisiana on July 1 released a report about mistreatment of LGBT youth in state facilities.

“When I was first locked up, when I was first raped, I was a terrified 12-yearold boy,” said Troy Erik Isaac, 36, who was sexually assaulted repeatedly while serving time in juvenile and adult facilities. “I had never been violent and I was different — I was skinny and effeminate.”

Isaac was mentioned in an article that appeared in the New York Review of Books in March and was interviewed by Fox Television in Los Angeles this year. He was in and out of jail for 20 years but created a community service organization and in February testified before Congress about sexual abuse of inmates.

Social workers are working to sexual and other abuse in both adult and juvenile detention facilities but much work needs to be done said Melvin Wilson, MBA, MSW, LCSW, manager of NASW’s Center for Workforce Studies and an expert on justice issues.

“The whole issue of sexual violence in the correctional system, including adult and juvenile facilities, is at epidemic proportions.”

NASW works closely with groups that seek to end victimization of prison inmates, becoming part of the dialogue and creation of action plans, Wilson said.

Ryan co-authored “Serving LGBT Youth in Out-of-Home Care.” That book, which was published by the Child Welfare League of America as part of the association’s best practices series and Model Standards Project, provided the first police and practice guidelines to improve services for LGBT youth in custodial care.

Ryan and McHaelen have no illusions that mistreatment of LGBT youth will change soon. Part of the problem is that detention centers are often geared toward being more punitive than rehabilitative, Ryan said.

McHaelen said anyone who works with youth should get initial and then

periodic training on how to be more sensitive to the needs of LGBT young people.

“Whatever the bias we are talking about – heterosexism, classism, racism, gender bias, etc. – each of us has internalized these prejudices to one degree or another,” she said. “When unexamined or unresolved, these biases can’t help but negatively impact our work.

“Unfortunately, the direct care staff with the most face-to-face interactions with youth are often the staff with the least amount of this kind of training. In my opinion, policies and procedures are necessary – but not sufficient in creating safe environments for LGBT youth.”

Amended judgment issued in Mass. challenge to DOMA An amended judgment was entered on Aug. 18 in Gill v. Office of Personnel Management, the challenge to the Defense of Marriage Act filed by Gay & Lesbian Advocates & Defenders (GLAD).

Simultaneously, a stay was issued pending any appeal by the government to the U.S. Court of Appeals for the First Circuit. It supersedes a judgment entered by the federal district court on Aug. 12.

The amended judgment spells out in more detail the terms of the decision issued by Massachusetts federal district court Judge Joseph L. Tauro on July 8, 2010, in which he concluded that DOMA section 3 is unconstitutional. It describes what the decision means for the various claims of each plaintiff, seven married same-sex couples and three widowers.

The amended judgment was agreed to by both GLAD and the Department of Justice. In addition, GLAD did not oppose the government’s request for a stay pending appeal.

“We agreed to a stay for two reasons,” said Mary L. Bonauto, GLAD’s Civil Rights Project Director. “First and foremost, it is in our clients’ best interest.

They want the certainty of knowing that their Social Security payments, health insurance costs, or tax refunds are not potentially subject to repayment to the government. Only a final victory ensures that.

“Second, we think the stay actually provides clarity for married couples around the country who are looking at their own situations and wondering whether the Gill decision allows them to apply for Social Security benefits, for example, or sponsor their spouse for citizenship. The answer, even without a stay in Gill, is: no, not yet.”

The Department of Justice now has 60 days to decide whether to appeal. “We are more than ready to deal with an appeal,” said Bonauto. “We have confidence in the strength and justice of our case.”

Gay & Lesbian Advocates & Defenders is New England’s leading legal organization dedicated to ending discrimination based on sexual orientation, HIV status, and gender identity and expression.

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Groups urge Cameroon to decriminalize gay sexuality, end abuse Cameroon should decriminalize consensual sexual acts between adults of the same sex, Human Rights Watch and Alternatives-Cameroun said on Aug. 19.

The groups urged the government of Cameroon to put into effect immediately the recommendations of the United Nations Human Rights Committee made public on July 29, 2010, to bring Cameroon’s law into conformity with the International Covenant on Civil and Political Rights (ICCPR).

Since 2005, Alternatives-Cameroun, Human Rights Watch, and other Cameroonian and international organizations have documented abuses and violence against lesbian, gay, bisexual, and transgender (LGBT) people in Cameroon.

Suspected homosexual men have been arrested and beaten on their bodies, heads, and even the soles of their feet while in custody. Women suffer violence in their families if they are suspected of being lesbians. In some cases, they have been forced to leave their homes or their children have been taken away from them.

“Cameroon should guarantee lesbian, gay, bisexual, and transgender people the same rights as every other citizen,” said Boris Dittrich, advocacy director of the LGBT rights program at Human Rights Watch. “There is no reason why anyone in Cameroon should live in fear of prosecution and abuse because of their sexual orientation or gender identity.”

Alternatives-Cameroun and Human Rights Watch delivered an oral statement to the UN Human Rights Committee on July 12, summarizing the human rights abuses people in Cameroon have experienced on the grounds of sexual orientation and gender identity. Cameroon does not include services for men who have sex with men and women who have sex with women in their HIV prevention programs, the groups told the committee.

Alternatives-Cameroun has also found in its day-to-day work that this policy effectively bars access for many of them to health services, treatment, and care.

The UN Human Rights Committee issued a recommendation to Cameroon’s government to end social prejudice and stigmatization against LGBT people and to guarantee public health programs that have “universal reach and ensure universal access to HIV/AIDS prevention, treatment, care and support.” The government should also carry out this recommendation, Human Rights Watch and Alternatives-Cameroun said.

“By implementing this recommendation, Cameroon would do the bare minimum to realize the fundamental human rights enshrined in its national constitution,” said Steave Nemande, director of Alternatives-Cameroun. “To save lives, the government should immediately start implementing effective education programs to combat HIV/AIDS.” ■

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the empty closet • the gay alliance of the genesee valley • number 438 • September 2010

Candidates to Watch 2010

Harry Bronson

Karen Morris

Willa Powell

Kelly Wolford

Harry Bronson, 131 NYS Assembly District

future for our families both now and for generations to come.”

Bronson also quickly admits that, without question, we need immediate solutions that will lower our property taxes and ease the strain that has been placed on working families. “I will fight to enact real tax reforms that will alleviate the burden on our pocketbooks,” he said.

Bronson says he wants to be part of reforming Albany too. He said, “Albany is desperately in need of sweeping ethics reforms and in order to turn our state around, it is critical that we change the way Albany does business.”

Asked what he would like to convey to the readers of The Empty Closet, Bronson said, “I would like the readers to know that this is a critical election for our community and our state. I am asking you to stand with me and fight to change the way Albany works for us.”

Bronson’s major endorsements include the Victory Fund, Empire State Pride Agenda, Rochester Area Labor Federation and almost every major labor union in New York state. Bronson faces a threeway primary challenge for the Democratic Party line on Sept. 14. His opponents include two sitting Rochester City School Board Commissioners, Malik Evans and Willa Powell. Malik Evans did not return a call from The Empty Closet requesting an interview.

The Democratic winner of the primary in the 131st Assembly District will face Republican newcomer Ken Kraus.

The general election is slated for Tuesday, Nov. 2.

Judge Morris’s guiding principle as a judge is equal application of the law and the need to be objective rather than guided by her personal political views. “All are entitled to an unbiased judge,” she told The Empty Closet, “and to have their side of the case heard fully, with due consideration given to it by the judge, and all are entitled to be treated respectfully. A judge needs to be objective and listen to both sides without favor or pre-conceived ideas, and give both the opportunity to present their cases without concern for how the judge might be referred to afterwards by media or interested parties.

“Convicted individuals should be held accountable. Non-violent offenders should be given a rehabilitation component in an attempt to reduce future offenses – for instance, drug or alcohol-related offenders should receive treatment to make sure they do not continue to commit crimes related to their addictions.”

Morris has received many honors, such as the 2009 Humanitarian Award from the Monroe County Bar Association Foundation. She adds, “Another honor I’m very proud of was the Distinguished Citizen Award from the Monroe County DA’s Office. I was the first prosecutor to get prison time for a man who had battered his wife; this was in 1980. Sentences prior to that were very lenient because the attitude was that domestic violence was a private family matter, not a crime. It took five adjournments before the judge was willing to give the defendant jail time.

He kept giving the defendant chances to avoid prison – show remorse, rectify the situation. I kept pressing and eventually the judge agreed to take the unusual step of jailing a batterer.”

Morris was asked to be on the board of Alternatives for Battered Women in the early years of its existence, and she later became president. “There are not a lot of opportunities in a lawyer’s career to change the law in a way that affects people’s lives. I am proud to have had those opportunities,” she said.

Morris has also been given the title of Distinguished Professor by the Chancellor of the State University of New York (SUNY) – the only teacher at MCC to receive this designation. Recently she was inducted into her alma mater Watertown High School’s Distinguished Alumni Hall of Achievement.

Judge Morris is author of several textbooks and resource books on the law, including “Criminal Law in New York”.

More information on Morris and her career is available on her website, JudgeKarenMorris.com, under “In the News”.

One thing most people may not know about Judge Morris is her fondness for the Harry Potter books. She has actually given presentations at Universal’s theme park in Orlando, Fla. at the annual Potter conference there, in the academic stream, on legal issues raised by the books. For

instance, she has discussed Harry’s trial (in book #5, “The Order of the Phoenix”) where the young wizard hero is tried in a biased courtroom for having illegally used magic to save himself and his cousin from a dementor. Morris pointed out, “It’s OK to do an illegal act if it prevents a significant wrong. If you steal a boat to prevent someone drowning, for instance, the theft is justified!”

Morris added, “I’m interested in applying the law to contemporary issues to show how law is contemporary and affects our lives and the world around us. I had a standing-room-only session this year, with hundreds of people!”

By Ove Overmyer Harry Bronson’s passion for social justice, equity and fairness has defined his public service, legal and business careers.

He has represented the families of the 24th Legislative District in the Monroe County Legislature since first being elected in 2005.

Now, Harry is seeking a vacated seat that has been held by Assemblywoman Susan John since 1991. The 131st Assembly District incorporates parts of the City of Rochester and the towns and villages of Chili, Churchville, Mumford, Riga, Rush, Scottsville and Wheatland.

One of 12 children, Harry says he knows what it is like for families to make sacrifices. He also understands that working together is how families and communities grow.

After earning his undergraduate degree in Public Justice at SUNY Oswego, Harry went on to the University of Buffalo, where he earned his Juris Doctor. He is a former partner at the firm of Blitman and King, where he focused on anti-discrimination employment law, labor issues, employee benefits and litigation.

Harry has also practiced law in the areas of commercial development, industrial revenue bonds and other complex business transactions. As a recognized authority, Harry has lectured throughout the state on employment law and public justice issues.

As a small business owner, Harry tells The Empty Closet that he uniquely understands the struggles businesses face in our state. He says small businesses are the backbone of our economic engine, making-up Rochester’s largest employment sector.

In an exclusive interview with The Empty Closet, he said, “Small businesses face many challenges, from keeping on the lights to making payroll, to ensuring customers receive the goods and services they expect -- I understand those challenges and will continue to work toward helping our small businesses succeed.”

Service to community was instilled in Harry at an early age. He said that he is honored to serve as a County Legislator. As the Minority Leader of the Legislature, Harry says he understands the importance of working across party lines to achieve the best possible results for our community.

Bronson reports that job decline has persisted for decades in our area and our families have paid the price. His commitment to make job creation the number one priority is the central theme of his campaign. He added, “It’s time to start investing in the long-term viability of our economy so that we can ensure a secure

Judge Karen Morris, Monroe County Court

By Susan Jordan Judge Karen Morris has been a Brighton Town Justice for 16 years. She is running for Monroe County Court in the primary on Sept. 14.

Morris, a former Assistant District Attorney, wrote an op/ed piece for the Daily Record on Jan. 2, 2009, in which she stated, “Now is the time to sensitize our procedures to gays and lesbians,” suggesting for instance that potential jurors be asked, “What does your spouse do?” as opposed to “What does your husband/ wife do?”.

In 1994, when she was in private practice (she also teaches at MCC), Morris was attorney for one of two lesbian couples seeking to adopt. It was the first upstate case to address the issue. Morris says, “The judge had done his homework… and reviewed all the studies available at the time on children of same sex parents, looking at mental health issues, social stigma, etc., and he found that there are no significant differences between the children of gay and heterosexual couples.”

Although she rejects homophobia, and marched in the Pride Parade in July,

Willa Powell, 131st NYS Assembly District

By Susan Jordan School Board member Willa Powell is a longtime advocate for LGBT rights.

She challenged military recruiter access to public schools on the basis of discriminatory hiring, opposing “Don’t Ask Don’t Tell” while she was still serving in the active Reserves. She also brought domestic partner benefits to Rochester City School District employees before the landmark Martinez v. County of Monroe decision.

Powell told The Empty Closet, “I have been a friend of the gay community from the beginning.”

Powell has served on the City School Board for 11 years. She said, “I served one term starting in January 1998 and 18 months after leaving the board, I was appointed back to fill Joanne Giufridda’s seat.” Then she was elected and re-elected.

She says, “I consider that a real testimony to what I contributed – that I was called back and then elected twice.”

Powell said, “My primary motivation (for running for Assembly) is the education issue. What I’ve found is that locally so much depends on what Albany does – whether it’s funding or the rules we have to live by. There’s only so much a School Board member can do. I’ve always had an interest in governmental issues. I sound like a one-issue candidate, but so many other issues are affected by education.

“How will we improve the job market if we don’t have qualified graduates?

Environmental issues like green space and hydrofracking (hydraulic fracturing) are essentially the products of the educational level of the residents of the area.”

Powell believes, “Voters can be manipulated by powerful interests…. They need to be able to weigh short term interests against long term costs. Education helps with critical thinking and making moral judgments. It isn’t just the three ‘Rs’. It’s teaching the next generation to be good public citizens and business leaders.”

When asked her ideas on reforming the chaos that is Albany, Powell said, “As one person, I can’t do much of anything.

But if the mood is ‘throw the bums out,’

September 2010 • number 438 • gay alliance of the genesee valley • the empty closet potentially we could have a freshman class big enough to influence the course of events. There needs to be a significant bloc in order to make change. We also need to be able to operate across significant barriers. As a School Board member I have worked under conditions where I did not agree with my colleagues….”

On the economy and New York’s huge deficit, Powell quotes Robin Wilt, who says the system is “a good old boy system.” Said Powell, “They all feed from the trough of public funds and use taxpayer money to get re-elected. It’s a system that needs to be dismantled. We can blame the crisis on Wall Street, but we should never have been dependent on Wall Street in the first place.”

A longtime supporter of marriage equality, Powell reiterates that she has been “a friend from the beginning.” She challenged military recruitment in public schools in opposition to DADT, even while she still wore the uniform. “That wasn’t an easy position to take,” she said. Powell is especially concerned about LGBT families and gay elders.

Said Powell, “Everyone, gay or straight, needs someone who can be with them when they are in the hospital. If we go into the end of life and we have no legal relatives, we have no one to advocate for us. When you deny access to ill partners, not only does it violate human rights, but it goes against libertarian values, which a lot of libertarians and conservatives seem to ignore. It always costs the state more to interfere in personal relationships; if you ignore a same sex partner’s input into health care and give someone the wrong medication, and they get sicker, that causes the state to have to pay more on healthcare. When you violate human rights, you’re undermining society, and it even undermines the conservative agenda by creating more government.”

Powell says she hopes the primary race will not be determined by identity politics. “I’m not willing to concede the gay constituency to Harry,” she said. ”I’m 100 percent behind the agenda, and Harry has to earn the gay vote just like I do. Relying on identity politics is a very short-sighted approach – but it happens.”

Powell said she would like EC readers to know that “I have a track record of improving things for the gay community.”

Judge Kelly Wolford, Monroe County Court

By Ove Overmyer Formerly Kelly Christine Diel, Judge Kelly Wolford is a 1988 graduate of Webster High School, where she was best known as an All-American in swimming.

Judge Wolford graduated from Pennsylvania’s Allegheny College in 1992, where she was a 17-time NCAA Division III AllAmerican. Judge Wolford also graduated in 1995 from University of Dayton, Ohio School of Law. For nearly 13 years, Judge Wolford served our community as member of the Monroe County District Attorney’s

Office. She tried hundreds of criminal trials in Monroe County, including cases in Monroe County Court, Supreme Court, Rochester City Court, and many local justice courts. These trials involved a variety of criminal charges, from misdemeanor driving while intoxicated cases to a murder case.

She says that because of her legal knowledge and understanding of the practicalities of criminal law, and as an assistant district attorney, she was a trusted advisor to many local police agencies and district attorney’s offices throughout New York State. She was often called upon to provide both legal and practical advice to various law enforcement agencies.

Rochester Mayor Robert Duffy enthusiastically endorses Wolford’s candidacy.

He said, “I have known Judge Wolford since I was Rochester Police Chief and she was a prosecutor. She is a principled Judge -- highly intelligent, serious about the law and firm in her convictions. I am proud to say she has my full support.”

On March 17, 2010, Governor David Paterson nominated Judge Wolford to be the next Monroe County Court Judge.

This nomination came after Judge Wolford was rated highly-qualified by the bi-partisan Fourth Department, Judicial Screening Committee.

Judge Wolford was nominated to fill the vacancy created by last year’s elevation of Judge Alexander Renzi to the Supreme Court. She was the chief of the Appeals Bureau at the Monroe County District Attorney’s office at the time, a position she assumed in January 2009.

She was unanimously confirmed by the New York State Senate on May 4.

She told The Empty Closet, “Unanimous confirmation by the Senate was a once in a lifetime experience. To stand above the Senate with my family surrounding me and watch as they discussed my qualifications and voted was thrilling.”

Judge Wolford began her career as a Monroe County Court Judge on May 10.

She was sworn in by Justice Eugene Piggott of the state’s highest court, the Court of Appeals. She said, “To have a judge of his prestige agree to preside over my swearing in was a wonderful experience.”

Wolford says that she believes that Monroe County Court, of all the courts in this County, has the greatest impact on public safety in our community. County Court is primarily a felony criminal court.

The judges of this Court oversee the prosecutions of Monroe County’s most serious criminal offenses. She added, “The safety of our community depends on having strong County Court judges that know the law and know how to apply it.”

Wolford said, “My background, as both a trial and appellate prosecutor, makes me unique among those seeking election to County Court this November.

My appellate experience has left me with a deep knowledge of all areas of criminal law, while my trial background provides me with an understanding of the practicalities of the courtroom. I am truly honored to have been given the opportunity

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to use my vast experience in criminal law to help better this community as a County Court Judge.”

The Monroe County Bar Association (MCBA) has rated Wolford as “qualified.” Wolford, a Democrat who is also endorsed on the Working Families Party line, is running against six other candidates for three open seats for Monroe County Court. According to the Monroe County Board of Elections, many of the candidates in this race are also facing off in Independence and Conservative Party primaries on Sept. 14. Wolford is seeking both of those Party endorsements as well.

Judge Wolford has outdistanced all of her rivals in fundraising, amassing $61,488.51 in total contributions as of the last filing date of July 15. The amount of cash on hand was not available as of press time. The annual salary to the Monroe County Court is $125,600.

Wolford is vying against fellow Democrats Judge Karen Morris of Brighton and

A 7 attorney Vincent Rizzo, who is an investigator with the City of Rochester School District. Also in the Monroe County Court race are Republican Judges Vicki Argento, James Piampiano and Vincent Dinolfo.

Judge Wolford says she has dedicated her career to making Monroe County a safer place for all families. Judge Wolford currently resides in Webster, New York, with her husband Jim and their three children, Christine, Thomas and Shaun.

This year was Wolford’s first Pride Parade and she said she had a great time.

When asked if she was prepared for the hate speech thrown at her by the antigay protestors with their bullhorns, she answered, “Yes, we were told before the parade began to expect the protestors.”

How did they make her feel? “Answering this question would unfortunately require me to make a statement beyond what I am permitted under the ethical rules for judicial candidates,” she said. ■

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the empty closet • the gay alliance of the genesee valley • number 438 • September 2010 Proposition 8

(Prop 8 continued from page 1) scribd.com/doc/35374462/Prop-8-Ruling-FINAL. Weddings delayed On Aug. 12, Walker denied a motion to indefinitely stay his decision allowing gay people to marry in California, instead issuing a weeklong stay, which allowed the Ninth Circuit to rule on the issue if opponents appealed. Weddings were to resume Aug. 18.

However, a three-Judge panel with the U.S. 9th Circuit Court of Appeals on Aug. 16 granted a motion filed by proponents of Proposition 8, delaying implementation of the Aug. 4 U.S. District Court order finding Proposition 8 in violation of the 14th Amendment to the U.S. Constitution pending appeal.

In its order, the three-judge 9th Circuit panel that reviewed the stay request scheduled an appellate hearing for Dec. 6, and directed Prop. 8 proponents to file an opening brief by Sept. 17 “to include... a discussion of why this appeal should not be dismissed” for “lack of standing.”

Politico.com posted, “Three things: “First, and drastically most importantly, the Court granted the stay. Consequently the thousands of couples who were waiting for the day of equality will have to wait at least a few more months until December. It’s interesting that the panel does not at all discuss the reasons for their decision on the motion to stay.

That’s because if they went through the factors, there’s no way they could rationalize the stay. They themselves raise the issue of standing and express an inclination that the case should be dismissed on that basis. How, then, could they possibly determine that the Appellants have a ‘high likelihood of success on the merits’?

And how can they show that the Appellants will suffer any harm if loving couples in California are allowed to marry each other?

“Second, the Court wants this case to be resolved quickly. Appellants’ opening brief is due in just a month and the hearing will happen on Dec. 6. This is lightning quick for a Federal Court of Appeals, and it’s a very good sign. The Court understands that this case is important, and it doesn’t want it to linger.

“Third, the Court specifically orders the Prop 8 proponents to show why this case should not be dismissed for lack of standing. Here’s a discussion of the standing issue. This is very good news for us.

It shows that the Court has serious doubts about whether the Appellants have standing.

“Even better, the Court is expressing an opinion that its inclination is that the case should be dismissed. That being said, the panel that issued this Order (the motions panel) is not the same panel that will hear that case on the merits. The merits panel will be selected shortly before Dec. 6 and we don’t know the three judges who will be on the merits panel. But this is a very good sign that the appeal could be dismissed on the ground of standing alone.”

In response, Courage Campaign Chairman and Founder Rick Jacobs issued the following statement: “While we are pleased to see an expedited timeline ordered for appellate review, the 9th Circuit’s decision to grant a stay of Judge Walker’s ruling is obviously disappointing to the thousands of loving families who expected equal access this week to the rights, responsibilities, significance and safety net that only come with marriage.

Ultimately, the facts of this case remain unchanged -- a federal court has found Proposition 8 unconstitutional and the initiative’s proponents have admitted in court that they ‘do not have evidence’ to support second class citizenship for millions of American families.

“With a majority of Americans now supporting marriage equality, it is clear that we are both on the right side of the Constitution, and the right side of history.

In the meantime, we will continue our work to accelerate the shift that’s already

underway in the court of public opinion by telling America the truth about what was presented in Judge Walker’s courtroom, and the stories of the millions of American families -- both straight and LGBT -- who know the destructive power of discrimination first hand.”

Evan Wolfson, Executive Director of Freedom to Marry, said, “Today’s 9th Circuit order expediting appeal of Chief Judge Walker’s persuasive decision striking down Prop 8 and maintaining a stay during the appellate review, is a disappointing delay for many Californians who hoped to celebrate the freedom to marry and full inclusion in society as soon as possible. But there are many twists in the road to justice, and we are encouraged

“Kris and I have raised four children, own a home and have professional careers.

But because of Proposition 8, our family is still not complete. For us, equal rights are about our family having the recognition and protections that other families have,” Sandy Stier said.

“We just want to get married, just like our friends, family and relatives can. We are thankful to live in a nation of equal laws,” Paul Katami said.

“We hope this decision brings us closer to the day when Americans no longer have to fight in court for the rights the Constitution says we all already have. We are grateful that the American Foundation for Equal Rights, Ted Olson and David Boies came together to fight for us, and millions

“I am proud of the Court’s decision to overturn Proposition 8. It’s important to note – never in the history of this country have we created constitutional amendments to revoke the rights of Americans. We have always created amendments to expand the rights of our fellow citizens and often those amendments have challenged widespread discrimination and persecution.” – National Black Justice Coalition Board Chairman the Hon. Darryl Moore, member of the Berkeley City Council by the court’s setting a fast pace for the appeal, revealing that the judges understand how important a quick end to the exclusion from marriage is to gay couples, their loved ones, and all Americans who believe in equality under the law.

“While the lawyers make the case for the freedom to marry in the courts of law, we have more months in which to make our case in the court of public opinion.

The evidence at trial overwhelmingly confirmed that there is no good reason for withholding the freedom to marry from committed couples, and the Governor, the Attorney General, a majority of Californians, and a majority of Americans agree with Judge Walker that the freedom to marry helps families, while hurting no one. Prop 8 should never have been on the ballot and we look forward to seeing its stain removed from the law books, as we push forward on other fronts across the country.”

Plaintiffs speak out on Aug. 4 ruling The plaintiffs in the case were two couples who want to marry but who were blocked by Prop 8: Kris Perry and Sandy Stier and Paul Katami and Jeff Zarrillo.

“We came to court to seek for Kris, Sandy, Paul and Jeff the same right to marry that all other Americans enjoy, and to ensure that they receive equal protection under the law as guaranteed to every American by the Constitution. Through its decision today, the court has acted in the best traditions of a legal system established to uphold the Constitution and the principles of equality upon which this nation was founded,” said attorney Theodore B. Olson. “On no less than 14 occasions, the Supreme Court has held that marriage is a fundamental right.

This decision recognizes that Proposition 8 denied the plaintiffs, and tens-of-thousands of other Californians, that fundamental constitutional right and treated them unequally.”

“The Supreme Court has long held that marriage is a fundamental right.

Equal protection under the law is guaranteed by the U.S. Constitution, and this ruling affirms that universal right of every American,” plaintiff’s attorney David Boies said. “Depriving the fundamental right to marry causes grievous harm to millions of Americans and their children.”

“For our entire lives, our government and the law have treated us as unequal.

This decision to ensure that our constitutional rights are as protected as everyone else’s makes us incredibly proud of our country,” Kris Perry said.

of others, so that finally, every American will truly be equal under the law,” Jeff Zarrillo said.

Background “This decision follows the founding constitutional principle that every American is to be treated equally under the law.

No law may violate the U.S. Constitution, and our courts were established to protect against unfair laws,” said American Foundation for Equal Rights Board President Chad Griffin. “Today was an example of our nation living up to its founding ideals.”

The American Foundation for Equal Rights brought together Theodore Olson and David Boies, who notably faced off in Bush v. Gore, to demonstrate that Proposition 8 violates Americans’ constitutional rights by creating two separate classes of people with different laws for each one, contrary to the nation’s founding principles, including equal protection under the law.

This unprecedented federal court challenge was filed in May 2009, with both sides presenting their cases in court from Jan. 11 to Jan. 27. After Chief Judge Vaughn R. Walker of the U.S. District Court, Northern District of California, analyzed evidence, testimony, and briefs, closing arguments were held on June 16.

Leading civil rights organizations, legal scholars, doctors, scientists, and religious organizations have filed amicus briefs in support of the plaintiffs, including the California NAACP, Mexican American Legal Defense & Educational Fund (MALDEF), Asian Law Caucus, National Black Justice Coalition, South Asian Bar Association of Northern California, ACLU, Lambda Legal Defense and Education Fund, National Center for Lesbian Rights, retired California Court of Appeal Justice Donald King, family law professors from across the state, American Anthropological Association, American Psychoanalytic Association, National Association of Social Workers, and the American Academy of Pediatrics California Chapter.

Kris and Sandy have been together for more than 10 years and their family includes four boys. Both are in public service — Kris leads a childhood health and education agency and Sandy works for a county health department. Their home life centers around their kids, with PTA meetings, soccer and music lessons taking up much of their free time.

Paul and Jeff have been together for nine years. Jeff is a general manager for a movie theater company and Paul is a busi-

ness owner. They own a home together and are proud uncles.

The powerful testimony of the plaintiffs, along with the presentation of 17 witnesses and revealing cross-examination of the defendant-intervenors’ witnesses, clearly exposed the unconstitutionality of Prop. 8.

A summary of the trial is available at: http://www.equalrightsfoundation.org/ press-releases/perry-v-schwarzenegger-trial-summary/.

“More than 30 years ago, the United States Supreme Court recognized that marriage is one of the basic rights of man,” the suit against Prop. 8 states, referring to the Court’s decision in Loving v. Virginia, which struck down bans on interracial marriage.

In response to a 2008 decision by the California Supreme Court ending marriage discrimination in the state, antiequality forces succeeded in placing a constitutional amendment on the November ballot. Despite over 18,000 same-sex couples having married legally, California voters adopted the amendment, known as Proposition 8, after a massively expensive media campaign conducted by the antigay National Organization for Marriage and the Mormon Church.

After the California Supreme Court determined in 2009 that the adoption of Prop 8 did not itself violate the California Constitution, two plaintiff couples -- Kris Perry and Sandy Stier and Paul Katami and Jeff Zarrillo – filed suit against the State of California in federal court, represented by attorneys Ted Olson and David Boies and supported by the American Foundation for Equal Rights. The proponents of Prop 8 intervened in the case to defend the constitutionality of the amendment.

Judge Walker held a historic trial in January, in which the plaintiffs presented substantial testimony and evidence to show that Prop 8’s only purpose is to discriminate against same-sex couples.

Opponents claimed that same sex marriage threatens the traditional concept of marriage and is “irresponsible reproduction”. Both sides have previously indicated that they would appeal Judge Walker’s decision to the U.S. Court of Appeals for the Ninth Circuit, and the case may ultimately be heard by the U.S. Supreme Court.

Some reactions: ACLU The American Civil Liberties Union, the National Center for Lesbian Rights (NCLR) and Lambda Legal filed two friend-of-the-court briefs in the case supporting the argument that Proposition 8 is unconstitutional.

“Today’s decision is a huge victory for the LGBT people of America. For the first time, a federal court has conducted a trial and found that there is absolutely no reason to deny same-sex couples the fairness and dignity of marriage,” said James Esseks, Director of the ACLU Lesbian, Gay, Bisexual and Transgender Project.

“At the same time, we know that this is not the end. In order to give this case the best possible chance of success as it moves through the appeals courts, we need to show that America is ready for same-sex couples to marry by continuing to seek marriage and other relationship protections in states across the country. It’s simply not fair, and not legal, to continue to exclude committed same-sex couples from marriage.”

The ACLU is working with same-sex couples throughout the country to secure the freedom to marry by working to pass marriage bills in New York, Rhode Island and Maine and by seeking domestic partnership recognition in Montana, Hawaii, Illinois, New Mexico and Alaska.

People for the American Way Michael B. Keegan, President of People For the American Way, issued the following statement: “This is a historic day for California, and for our country. Proposition 8 took away the freedom of committed couples to make what is one of the most important decisions in any person’s life — to make a lifelong promise of caring, responsibility, love, and protection for

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September 2010 • number 438 • gay alliance of the genesee valley • the empty closet it reflects the will of the majority of Californians.”

Center for American Progress The Center for American Progress applauded the decision. John Podesta, President and CEO, said, “Judge Walker’s decision reaffirms the Constitution’s command that all Americans must receive ‘equal protection of the laws.’ Prop 8 is incompatible with our Constitution and a long line of precedent rejecting laws that single out a certain class of Americans for disfavored legal status. Today’s decision does nothing more than restore the Constitution’s promise to millions of American couples. Because Constitutional precedent so clearly rejects Prop 8, I have every confidence that this decision will be upheld on appeal.”

Jeff Krehely, Director of LGBT Research and Communications at CAP, said, “Today’s ruling is a huge step forward in the movement to achieve full equality for LGBT Americans. The public

increasingly supports fairness and equal rights for all, including allowing gay couples to marry. Although this ruling does not end the larger marriage debate, it is a clear indication that opponents to LGBT equality are fighting a losing war.”

National Black Justice Coalition The National Black Justice Coalition’s Executive Director Sharon Lettman released the following statement: “Finally, the justice that was derailed during the California elections held in November

Podesta is co-chair of the American Foundation for Equal Rights, along with Robert Levy, chairman of the Cato Institute. The foundation helped launch Perry v. Schwarzenegger earlier this year. The foundation’s legal team is led by Theodore Olson and David Boies.

2008 was corrected by the U.S. District Court so that gay and lesbian Americans have the freedom to marry whomever they love. Today’s victory holds landmark implications for the future of marriage equality. After two years of battling for (Prop 8 continues page 12)

Photo: ove overmyer

another individual. Now, like the thousands of other California couples who have been barred from marrying who they choose, Kris Perry and Sandy Stier can have security of knowing they can receive legal protections for their family, visit each other’s hospital rooms when they are ill, and provide for each other in old age.

They now have the freedom to make that lifelong commitment to each other.”

Rep. Tammy Baldwin Congresswoman Tammy Baldwin (D-WI, Co-Chair of the Congressional LGBT Equality Caucus) said, “We live in a democracy wherein majority rule is checked and balanced by the guarantee of inalienable minority rights. This case, as it wends its way up to the U.S. Supreme Court, presents jurists with fundamental questions about minority rights and majority rule. I believe Judge Walker got it right, declaring that denial of marriage rights and protections to gay and lesbian citizens violates the Constitution even if

Please join us October 26, 2010 for the Gay Alliance Dines Out! Several restaurants in Rochester and the surrounding area will be donating a portion of your bill to help support the Gay Alliance and their mission. What a great way to make a simple donation... all you have to do is eat!!!

Look for a full list of restaurants in the October issue of the Empty Closet or visit us online at www.GayAlliance.org for updates!

Vote for our community...vote for Bronson

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September 2010 • number 438 • gay alliance of the genesee valley • the empty closet

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( Prop 8 from page 9) individual’s humanity in this manner. It California provides continued momenthe right to marry, gay and lesbian coustands to reason that, years from now, tum here in New York that will allow ples in the state of California can legalwe will look back on opposition to marthe Pride Agenda and our community to ly celebrate their continue pushing unions and provide equality and jusprotections for their tice on all fronts “Kris and I have raised four children, own a home and have families. Today’s and with every professional careers. But because of Proposition 8, our family ruling is a cause for tool at our disposrenewed optimism al. That includes is still not complete. For us, equal rights are about our famin the value of the an intense focus on judiciary’s role in the upcoming 2010 ily having the recognition and protections that other families affirming equality New York elections for all American citthat will determine have.” – Plaintiff Sandy Stier izens. for the next few “There was a years how quickly time when black we can accomplish and white people could not marry until progress in the New York State governriage equality and consider it to be arcane the Lovings, an interracial couple from ment on issues like marriage equality and thinking. Today’s ruling is an important Virginia, were bold enough to challenge basic nondiscrimination protections for step towards that reality. the state’s prevailing views about intertransgender people. The LGBT commu“The National Black Justice Coalition racial marriage in Loving v. Virginia with nity and our allies will be making our has a crucial stake in marriage equality as a unanimous vote of the U.S. Supreme voices heard loudly through this election African American families are disproporCourt. Now, two very brave couples from season.” tionately affected by discriminatory pracCalifornia have stepped forward to chalAfrican American Ministers in Action tices against gay and lesbian couples who lenge the state’s view on marriage between are raising children. NBJC will continue gay and lesbian people. to expand conversations leading towards “The courts are tasked with ensuring family acceptance of gay and lesbian peoequal justice under the law. Today, we feel ple in communities of African Descent justice has been served for the gay and lesbecause we know and believe that this bian people of California, who love and will contribute to strengthening Black care for each other and desire the confirfamilies.” mation of marriage.”

Empire State Pride Agenda NBJC’s Board Chairman the HonThe Empire State Pride Agenda’s orable Darryl Moore, a member of the Executive Director Ross D. Levi issued Berkeley City Council, added, “As a Calithe following statement: “We are emboldfornia citizen and as someone who is ened by the recent victory on marriage licensed to marry couples, I am proud of equality in California and in the federal the Court’s decision to overturn Proposijustice system. Proposition 8 was a cruel tion 8. It’s important to note -- never in and unconstitutional attack on LGBT the history of this country have we crefamilies, and we are very pleased that the ated constitutional amendments to revoke court has understood the need for all lovthe rights of Americans. We have always ing, committed couples to have the procreated amendments to expand the rights tections they need to care for each other of our fellow citizens and often those and their children. amendments have challenged widespread “But we know that this struggle is far discrimination and persecution. It has closer to home. Our movement is not only not been that long since African Ameriabout lawyers in a far away courtroom; it’s cans were considered three-fifths of a about everyday New Yorkers who support human being. Now, years later, it seems the freedom to marry and are willing to reprehensible that we would measure any fight until we achieve it. The victory in

Reverend Byron Williams, pastor, columnist, a member of People For the American Way Foundation’s African American Ministers In Action, and editor of the forthcoming book, “Inconvenient Love: African American Clergy and Theologians Speaking on Behalf of LGBT Equality,” stated, “I am overjoyed

by Judge Walker’s decision. As a person of faith, an African American who understands discrimination, a Californian and an American, I have found that the values on which this country is founded have continued to be in conflict. The 14th Amendment of the U.S. Constitution states if one is born in this country or a naturalized citizen one is granted two things -- due process and equal protection of the law. Until today, those protections did not apply to citizens such as Kris Perry and Sandy Stier, and Jeff Zarillo and Paul Katami.

“A climate of compassion, self-determination and freedom to pursue ‘life,

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September 2010 • number 438 • gay alliance of the genesee valley • the empty closet liberty and the pursuit of happiness’ is missing in many parts of today’s society.

Those who supported this decision to end discrimination, rightly embrace a 21st century paradigm of commitment and responsibility that is demonstrated by Kris and Sandy, Jeff and Paul, and countless others. I look tomorrow to working with my fellow faith leaders in California and those across the country who believe in equality for all, including the freedom to

“A federal court has found Proposition 8 unconstitutional and the initiative’s proponents have admitted in court that they ‘do not have evidence’ to support second class citizenship for millions of American families.” – Courage Campaign Chairman and Founder Rick Jacobs marry who they choose. We must build a legacy in every state that embraces socially, politically and legislatively, love.”

Religious Action Center of Reform Judaism Mark J. Pelavin, Associate Director of the Religious Action Center of Reform Judaism, issued the following statement: “We welcome today’s crucial ruling by Judge Vaughn Walker, holding that California’s ban on same-sex marriage is a violation of the Constitution’s equal protection and due process clauses.

“Proposition 8, adopted by ballot initiative in 2008, effectively denies gay and lesbian individuals the same rights afforded heterosexual couples under the law. Judge Walker’s decision reaffirms the strong commitment to equality upon which our nation is built.

“We know, of course, that this decision will be reviewed by other Courts, including in all likelihood, the U.S. Supreme Court. And we know that long march to full marriage equality will not be uninterrupted; there will be victories such as we celebrate today as well as setbacks. But it becomes clearer every day that we are now, finally and blessedly, on a road that is destined to end with justice for gay and lesbian Americans.

“We will continue to stand with the LGBT community in California, and all who cherish justice, as this case makes it way through the Court system. We are proud of the leadership roles played by so many Reform Movement rabbis and activists, and we stand ready to work with them as we move forward.”

Latino Equality Alliance In response to the Proposition 8 ruling, LGBT and ally multicultural groups gathered at Olvera Street park, across the street from Los Angeles’ Union Station and in the shadow of Los Angeles’ City Hall, on the day of the court decision. The gathering featured a candlelight vigil, which was a community “Prayer for Social Justice”.

The event was coordinated by the Latino Equality Alliance and included community leaders and supporters from over 15 communities of color and faith groups.

“The community prayer event at Olvera Street park served as a reminder to us all that faith does have a large role when fighting for social justice and equality within marginalized communities. Despite the federal court ruling on Proposition 8, there is still much work to be done if we are to obtain equality.

We must find that common thread that will unite us all between the faith, LGBT and people of color communities to make lasting change in our society,” said Eddie Martinez, co-chair of the Latino Equality Alliance. ■

Shoulders to Stand On History In the Making

By Evelyn Bailey Whether or not the ruling by Federal Judge Vaughn Walker that the anti-gay marriage measure approved by California voters in 2008 violated both the Due Process and Equal Protection clauses of the Fourteenth Amendment of the US Constitution and therefore was illegal will be upheld is not the focus of this article. The two couples whose courage, pride, and a sense of justice challenged Proposition 8 provide us with Shoulders To Stand On that will be recognized and recorded in our history as THE landmark case in our fight for equality.

Who exactly are Kristin Perry and Sandy Stier of Berkeley, and Paul Katami and Jeff Zarrillo of Burbank?

Kristin Perry, 45, and Sandy Stier, 47, have now been together for 10 years and are the parents of four sons between the ages of 15 and 21. Since 2004 Kristen and Sandy have been registered domestic partners, a legal relationship that in California carries most of the benefits and obligations of a full-fledged marriage.

Kristen has been the executive director of a state agency called First 5 California since 2004. First 5 California believes in tapping into that potential during a child’s earliest years and working to ensure that all children are given the opportunity to thrive. Sandy is an information executive with an Alameda County health services agency. Kristen and Sandy got married in 2004 in San Francisco when Mayor Gavin Newsom told city officials to issue marriage licenses to gay couples. Six months later, they were among some 4,000 newlywed couples who had their marriages invalidated by the California Supreme Court. They have been trying to marry since.

Paul Katami and Jeff Zarilla have been together nine years and have been attempting to marry for three years. Paul was born and raised in San Francisco. He is a fitness expert and business owner who graduated from Santa Clara University.

Jeff was raised in New Jersey. Both Paul and Jeff have parents who are still alive and have modeled for each what marriage, and a long term committed relationship is all about. They want the opportunity to have the same thing.

The couples were recruited to represent California couples who say they would get married were it not for Proposition 8, because it seemed they lead lives indistinguishable from other couples who want the social stamp of approval that matrimony affords. Kristen Perry, the title plaintiff in the case, has stated that she thinks their story is pretty ordinary, “We fell in love, we want to get married and we can’t. It’s pretty simple.”

Sandy and Kristen take extra legal precautions when they travel to states that do not recognize gay relationships and continually explain to friends and family what a domestic partnership is.

Sandy was married to a man for 12 years.

Being married provided her with a feeling of security, and access to comforts and protections under the law that married heterosexual couples have. She feels the difference between domestic partnership and marriage in a very personal way.

Sandy stated before the trial began that “the word ‘partnership’ is used for business deals, tennis matches and golf games.

It doesn’t feel like the appropriate kind of word to describe my relationship with the person I love.”

Paul and Jeff would love to have a family, but have intentionally postponed fatherhood until they can legally wed because they want their children to have the stability and sense of belonging that comes with being raised by married parents. For both Paul and Jeff marriage is very important. In their eyes marriage

Ducky (Don) and Jim recounted the days when the gay bars organized the picnic, at the Shoulders To Stand On van at the Picnic. Photo: Gerry Szymanski

solidifies the relationship and gives acces to the much broader relationship defined as married. They also believe that the need to legitimize themselves to others would be eliminated. For Paul and Jeff, marriage comes first, before family.

Jeff testified that he wanted to marry Paul, and others would view his and Paul’s relationship differently if they were married. For Kristen and Sandy, when the California State Supreme Court legalized gay marriage in May 2008, they opted not to. They told each other, ”We’ll do it when it’s for real.” They felt no need to get involved again in the uncertain, politicized world of gay marriage: “It’s a big thing to repeat that cycle with kids, so we elected not to do it.”

On the stand, Jeff Zarrillo, Paul Katami, Sandy Stier, and Kristin Perry combined the conviction of longtime gay rights activists (which they are not) and the plainspoken delivery of ordinary people trying to live their lives and protect their families (which they are).

At this point in time, it appears the dreams and hopes of Kristen, Sandy, Paul and Jeff and many others may not become a reality until the week of Dec. 6, 2010 when the appeal of the decision which overturned Proposition 8 will happen.

Regardless of the outcome, these Shoulders decided they would not be silent while Proposition 8 declared their relationships unworthy of a marriage license.

Shoulders To Stand On thanks Kris-

ten, Sandy, Paul and Jeff for the sacrifices you and your families are making in refusing to accept discrimination. Because of your commitment to the struggle we have won a significant victory in the battle to make marriage equality the law of the land. Be confident of the ongoing support of LGBT men and women across the country. Justice is on our side, and we are on the threshold of reclaiming it! ■

History Corner History Corner

By Evelyn Bailey This month we want to outline the accomplishments of the Shoulders To Stand On Program of the Gay Alliance of the Genesee Valley.

Early November 2002: Initial meeting with Eric Bellmann and Michael Robertson to discuss a project which would record the history of the gay community in Rochester.

Jan.–Dec. 2003: Year celebrating the 30th Anniversary of the Gay Alliance of the Genesee Valley January 2005: Roots Chronology Proposal approved by Board. Continue the chronology begun by Steve Picchi and Gary Hallinen from 1969–1984.

March 2005: Gay Alliance Promo

completed.

April 13, 2007: Video History Project Committee organized and held first meeting.

May 2007: Begin to write grants for the digitization of The Empty Closet.

September 2008: Archives and Library Projects identified as Programs of the GAGV. November 2009: GAGV awarded DHP Grant for identifying and surveying records of gay organizations, agencies, groups and individuals with records.

May 2010: Digitization of The Empty Closet completed.

We have come a long way in preserving the history of our LGBT Community in Rochester, N.Y. Look for our ads, updates and requests for your time, talent and support in future issues of the EC! ■

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Remembering Rochester fourth in a series on Rochester historical sites of the LGBT and women’s communities New Women’s Times / last word on Jim’s

Karen Hagberg at 804 Meigs St., now a braiding salon. Photo: Susan Jordan

The New Women’s Times

By Susan Jordan Due to media erasure of women’s history (or her-story), not many people today are aware of the role Rochester women played in the national wave of feminist activism that took the country by storm in the 1970s and early 1980s. During the 1970s, women began establishing institutions like Rochester’s Rape Crisis and Alternatives for Battered Women – until then, society had provided shelters for lost dogs, but nothing for victimized women.

Rochester Women Against Violence Against Women (RWAVAW) organized Take Back the Night marches and analyzed male control of women through violence, with emphasis on the objectification of women and violence against women in porn, entertainment, art and advertising.

Another Rochester feminist entity that arose in the 1970s was the newspaper called The New Women’s Times. Located in a storefront at the corner of Meigs and Caroline in the Southwedge, the all-volunteer New Women’s Times was founded

by Maxine Sobel. It ended publication in 1984.

In 1977, as writing by women exploded, a book review supplement was added – the Feminist Review. It was started by the Women Writers Guild in NYC, and eventually was handed over to the “NeWT”, where it was edited by Karen Caviglia and other women. Well-known feminist writers from all over the country contributed to, and were reviewed by, the Feminist Review. The New Womens Times papers are now preserved at the Lesbian Herstory Archive in Brooklyn, N.Y. Karen Hagberg, who was also active in the ‘70s in the Gay Liberation Front and then the Gay Revolution of Women (GROW), still lives in Rochester. She shared some of her personal memories of the New Womens Times era.

Said Hagberg, “Maxine Sobel started the New Womens Times while she was still a student at SUNY Geneseo, and when she moved to Rochester after graduation she brought it here.” The paper gradually got larger and more women joined the editorial collective.

“Max and her partner Karen Caviglia published the paper from their apartment, and then it was moved to a building on Monroe Ave. in Brighton, before ending up at 804 Meigs St.” Hagberg and her then-partner the late Martha Brown volunteered for the paper.

Hagberg said, “Martha and I were more involved in the women’s community than Maxine, who was focused on producing

the paper. We would go out and make the news and then come back and report it!”

She recalls that the paper was named (ironically) after the New York Times, which tended to ignore women’s issues at that period. “The New York Times Book Review systematically ignored the women who were writing in the ‘70s,” she said. “…(W)e did get written about and referred to in women’s publications nationwide, which cited reviews we had published. The FR was low-circulation, but it was important in feminist circles, especially in New York City.”

The newspaper itself covered local, national and international women’s issues.

One major local story was the “Snuff” trial in the late ‘70s, when members of RWAVAW were accused of vandalizing a movie theatre showing “Snuff,” a film claiming to show real-life murders of women. The women were found guilty and fined, but never paid the fine. The writer Martha Gever, then an editor of the Feminist Review and RWAVAW member, made a videotape about the trial, “A Crime Against Women.”

“The Anita Bryant thing was huge too,” Hagberg recalled. In 1978 Anita Bryant brought her crusade against gays to Rochester’s Dome; the “Rally for Rights” protesting her homophobia was one of the first actions that the Gay Alliance took part in; over 1,000 people attended.

Although the NeWT was advocacy journalism, Hagberg says, “We actually tried to get into the opposition. We interviewed Right to Life women and put a human face on them.”

By the early 1980s, feminists nationwide had become divided on the issue of straight male pornography. Some felt that porn glamorizing rape, torture and murder of women should be censored; others felt that it should be challenged as incitement to male violence against women, but not literally censored, since that would give permission for feminist views to be censored as well.

Eventually, even women horrified by woman-hating pornography became disturbed by the religious right’s position that all porn should be censored. Many rejected the idea of collaborating in any way with the right wing. Hagberg said, “The women’s community split over this issue. I wrote a controversial review of Andrea Dworkin’s (anti-pornography) work, which I didn’t agree with… It was such a complicated issue.”

But political disagreement was not the only reason for the demise of the New Womens Times. A glossy magazine published by a group of straight men in Texas was called New Woman. These men felt

that they owned the term “New Women” and that a small, local, already-existing grassroots women’s publication in Rochester, New York was a threat to what they felt would be their profitable national magazine. (It did not survive very long.)

They sued the penniless NeWT, which had to hire and pay a lawyer. Hagberg said, “We had to send her to New York for the hearing. We won the lawsuit, but the lawyer’s fees set us back financially and that was a major factor in the paper’s demise.”

Then there were issues of survival and burnout, as women moved out of town, found paying jobs or simply became exhausted by the volunteer effort and the pressures and controversies. “I got so burned out,” Hagberg says. “I felt angry all the time; it got to be too much. I had to back off for my own mental health.”

Since all of the NeWT work was done by volunteers, no one had time and energy left over from their “day jobs” for the work of selling ads and finding donors and grants, which could have kept the publication going. Hagberg feels that women especially had few resources, since they made around 70 percent of what men made for doing the same jobs (it’s 80-something percent today, depending on location).

Hagberg said, “I think feminism today is in a totally deplorable state, although there have been real changes. Doors have opened for women which weren’t previously open.”

In addition, institutions like Rape Crisis and ABW now exist, which was not the case before the ‘70s feminist “New Wave”. Hagberg said, “I do think some pretty amazing stuff has happened, like the training of staffs at hospitals. Diversity training has made a difference.”

In the end, she feels that radical feminist analysis has let women and men see the “big picture” of how entrenched injustice toward women is in our society.

She says, “If you don’t have crazed radical feminists advocating for you, bad things can happen – and women won’t even realize they are happening! You have to be radical and out on that limb to get the full depth of the situation – and nobody else sees what you’re seeing!” ■

The last word on the legend of Jim’s Bar

By Susan Jordan Don Schultz was formerly a co-owner of Jim’s Bar, the legendary pre-1975 Rochester gathering place and first gay-owned gay bar in town.

Jim’s was the crucial place where so many people came out, met lovers, friends

Don Shultz. Photo: Susan Jordan

and partners, made important connections and read the Empty Closets and fliers that helped to form Rochester’s early LGBT activism and build the queer community, in the long-lost era between the end of police raids and the onset of HIV. Don was here from his home in Florida for the July 18 Pride Picnic. He talked with The Empty Closet about the legends surrounding Jim’s and the reality behind some of the legends.

“I was manager at Jim’s in 1972-74,” Don said, “and then officially became a co-owner in 1974. I wanted to correct a few of the myths – of course, my memory is a little foggy too. Those were the party years.”

As several interviewees pointed out, Jim’s was never Dick’s 43. “It was a straight neighborhood bar on Court St. until Jim Van Allen bought it around 1970,” Don said. “The original two gay bars were on Front St. in the 1940s/50s – Dick’s and Ma Martin’s. Then the city closed Front St. down.

“When Jim moved the bar from Court St. to North St., the North St. building had been an Italian restaurant,” he said.

“We bought the building and at one time had 23 apartments upstairs. Then the building reverted to its original owner in 1975 and we kept the bar.”

Don says that the first gay picnics in Rochester actually began in Sodus.

“Buddy Wegman owned Tara and had a cottage in Sodus where he threw big picnics. Jim bought the cottage and hosted picnics, which he later moved to the city.

The bars went in together to host the picnics at Genesee Valley Park. We handed the picnic over to the Gay Alliance around 1975.”

Then there is the story of the Big Raid on Jim’s. Don says, “The police didn’t ticket us for low lighting or liquor violations. They cited us for having dancing without a license. We didn’t know we needed one, as we were the first bar after Dick’s to have dancing (Dick’s was never cited). The police may have made that rule up to bother us.

“So my lawyer applied for a license, which was number ‘0000001’! We were the first bar to get a dance license, so then the police had to require ALL the straight bars to get licenses too. We had a very good laugh -- then they had to bother everybody.

“The co-owners of Jim’s were Jim Wilmott, Jim Van Allen, Dick Thomas and myself. Dick T. sold out after four or five years and moved away. Jim W. and I bought out Jim Van Allen and ran the bar until it closed in 1984. Those were really fun days. Jim’s was the premier bar in WNY with dancing, and people came from all over.” ■

September 2010 • number 438 • gay alliance of the genesee valley • the empty closet local and state

(Wilt continued from page 3) said. “That’s why I would use statewide office to advocate for federal legislation that would end the practice of abridging LGBT rights. Our Founders understood that when rights can be denied to some, they are in jeopardy for all.”

Pride Agenda endorsement In her role as co-founder of the Genesee Valley Chapter of Progressive Democrats of America (PDAGV), Wilt has been a strong grassroots advocate for LGBT rights, the Pride Agenda said.

PDAGV conducted public educational forums and coordinated phone banking for legislative drives on behalf of marriage equality.

In December 2009, the New York State Senate blocked a bill that would have provided for marriage equality for all New Yorkers. “As a senator, I would not only sponsor marriage equality legislation, but champion that legislation through passage,” Wilt said.

WCF endorsement The Women’s Campaign Forum (WCF) — a non-partisan national network founded in 1974 and committed to achieving parity for women in public office — has also endorsed Robin Wilt (D-W) for New York State Senate in the 56th district.

“I am both honored and thrilled to have received the endorsement of the Women’s Campaign Forum,” Wilt said.

“I remain committed to the mission of achieving parity for women in elected office, and in the Senate, I will champion pay equity legislation, so that women may finally receive equal pay for the equal work that they perform.”

“WCF looks for candidates who have demonstrated leadership experience working to improve the lives of women, and a demonstrated commitment to protect reproductive health choices for all,” explains the organization’s website. “We look for candidates who have a strong investment in their community and a record of community service.”

Wilt’s record of leadership and service as a grassroots activist and business owner earned the group’s endorsement.

She organized support for renewal of the State Child Health Insurance Program (SCHIP) legislation in 2006 and has been a strong advocate for women’s health and women’s rights in the workplace.

WCF’s goal of parity for women in public office has not yet been realized in New York. Currently, only 10 of New York’s 62 state senators — eight Democrats and two Republicans — are women. Wilt is one of 10 Democratic women challenging incumbent Republican men for Senate seats this year.

NOW endorsement Robin Wilt has also earned the endorsement of the Greater Rochester Chapter of the National Organization for Women (NOW).

“Amid recent studies that dem-

onstrate that women are still dying in childbirth at an alarmingly high rate, it is especially poignant to have received the endorsement of our friends at the Rochester Chapter of the National Organization for Women,” Wilt, a mother of young children, said. “For as long as I can remember, NOW has been at the forefront of efforts to advance fairness and equity for women, and I am honored to be standing with them as the struggle continues in New York State, the nation, and the world.”

“The Greater Rochester Chapter of the National Organization for Women is an active, entirely volunteer based, non-profit group dedicated to helping women live better lives,” the organization’s website says. “Rochester NOW works in support of women’s health care issues, equality in the workplace, and fair treatment regardless of race or sexual orientation.”

Wilt has been an outspoken advocate for pay equity in the workplace and access to quality, affordable health care for all. The New York Senate, along with Wilt’s incumbent Republican opponent, voted down the Fair Pay Act, which “provides that it shall be an unlawful employment practice for an employer to discriminate between employees on the basis of sex, race and/ or national origin by paying different wages.” Wilt vows to champion this legislation when she reaches the capitol.

PPANY endorsement Robin Wilt earned the endorsement of the non-partisan, not-for-profit Planned Parenthood Advocates of New York (PPANY) on Aug. 9.

Wilt said, “I am truly honored to have received the endorsement of PPANY, and I will continue to stand with them in the struggle to ensure universal access to women’s reproductive health care.”

Planned Parenthood’s mission is “to protect and support every person’s right to make voluntary, informed decisions about sexuality and reproduction in order to lead a healthy and fulfilling life,” the organization’s website says.

Planned Parenthood was founded in New York in 1916.

Wilt, a small business owner, grassroots organizer, and mother of three, has long been an advocate for women’s reproductive health and rights. Ensuring access to quality, affordable health care is a hallmark of her activism. In 2006, Wilt worked to secure renewal of the State Child Health Insurance Program (SCHIP), and in her role as founder of Progressive Democrats of America’s Genesee Valley Chapter (PDAGV), she conducted educational forums, rallies, and public meetings on health care reform.

Wilt’s opponent, Republican incumbent Senator Joseph Robach, opposes marriage equality, pay equity and reproductive choice.

Wilt attended the Pride 2010 kickoff party on July 16, the Pride Parade on July 17 and the Picnic on July 18.

Robin Wilt announces her candidacy for the NYS Senate 56th District on June 16. Photo: Susan Jordan

NYS Bar Assoc. backs marriage equality As a lead sponsor of a historymaking resolution urging all state, territorial, and tribal governments to eliminate legal barriers to civil marriage between two persons of the same sex, the New York State Bar Association (NYSBA) hailed the resolution’s adoption on Aug. 10 by the American Bar Association (ABA) at its annual meeting, held in San Francisco. (See page 4) According to a report submitted in support of the resolution, the extension of equal marriage rights to same-sex couples is consistent with constitutional principles of equal protection and due process, as well as the states’ strong interest in protecting and fostering the family unit.

“The historic action taken today represents another promising step on the path toward equal rights for samesex couples,” said NYSBA President Stephen P. Younger of New York (Patterson Belknap Webb & Tyler LLP).

“NYSBA has been a leader in advocating that same-sex couples be allowed to marry, and it will continue the fight until this goal is achieved both in New York and across the country. I want to commend the members of the American Bar Association’s House of Delegates for working with the New York State Bar Association and other bar associations to help in the effort to end this injustice against lesbian and gay people and their families.”

The New York State Bar Association strongly supports equal rights for same-sex couples and made it a top state legislative priority in the 2010 legislative session. In 2009, the NYSBA’s House of Delegates adopted a resolution calling for an amendment to New York’s Domestic Relations Law that would give same-sex couples the right to marry and require New

A 15 York to recognize civil marriages contracted elsewhere. The State Assembly has voted in support of same-sex marriage and Governor Paterson supports this change.

New law gives civil action remedy for hate crimes based on gender identity, more A new law provides New York with a specific civil action/remedy for bias-related violence and intimidation, where the bias was based on actual or perceived gender (statutorily including gender identity or expression), sexual orientation, and other protected categories.

While falling short of providing the full civil rights protections for transgender people in GENDA, it appears to be a positive step in the right direction where violence is concerned.

Attorneys may also be awarded fees in these cases where they represent the prevailing party victim.

This law appears to provide a statebased formal cause of action to such victims of gender-motivated violence after the federal version contained in the Violence Against Women Act was struck down by the US Supreme Court in US v. Morrison in 2000.

The bill is titled “An act to amend the civil rights law, in relation to providing a civil remedy for victims of bias-related violence or intimidations.” It states, “Currently, there exists no civil remedy for victims of bias-related acts. This bill would provide the vehicle necessary for someone to initiate a civil action against a perpetrator of bias-related violence or intimidation.” ■

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the empty closet • the gay alliance of the genesee valley • number 438 • September 2010

Research at Pride Picnic examines role of ethnicity in perceptions of sexual fluidity

By Danielle Gentile and Dr. Jennifer Ratcliff, The College at Brockport, State University of New York “I never felt like there was an unconscious part of me around that woke up or came out of the closet; there wasn’t a struggle, there wasn’t an attempt to suppress. I met this woman, I fell in love with her, and I’m a public figure.” ~Cynthia Nixon, actress In the quote above, Nixon is referring to the fact that for 15 years she identified as heterosexual, but that in 2004 she began dating a woman, and now identifies as a lesbian. Her experience exemplifies what researchers call sexual fluidity, or the notion that over their lifetime individuals can, and often do, change the sexual orientation that they identify with. For example, a woman may initially identify as heterosexual and then later identify as lesbian, or a man may initially identify as bisexual but later identify as heterosexual.

The notion of sexual fluidity has sparked interest in researchers and lay people alike. We can all probably think of times in which we have wondered why and how others seemingly change the sexual orientation that they identify with. Alternatively, one may wonder how others will perceive them if they change their own identity. Research has shown that women are actually more likely than men to be sexually fluid. Recent research has demonstrated that the general public accurately detects this fact.

That is, people tend to believe that women are more sexually fluid than are men. However, what factors lead people to come to this conclusion, and what might be the consequences of such perceptions?

One factor that our lab has shown to predict perceptions of sexual fluidity is a person’s sexual orientation. Specifical-

ly, lesbians are viewed as the most fluid, heterosexual men are viewed as the least fluid, and gay men and heterosexual women fall in between, being viewed as equally fluid. Another factor that could be related to perceived fluidity is one’s ethnicity. The current study examined this possibility.

To examine the role of ethnicity in perceptions of sexual fluidity, our research lab surveyed a total of 269 people from three diverse settings; 72 Brockport students, 96 attendees at the 2010 Rochester Harborfest, and 101 attendees at the 2010 Pride Picnic. For those participants who believed that ethnicity plays a role in how sexually fluid someone is, results revealed: Caucasian women were seen as more

as sexually fluid could lead to increased discrimination and sexual harassment.

For example, a woman who previously identified as lesbian, who decides to date a man, could be rejected by her lesbian friends. Conversely, a lesbian perceived to be fluid,could be the target for a heterosexual man aiming to convert her to heterosexuality. The current research will help to determine which people are most vulnerable to such injustices.

Notes: If you are interested in further reading about sexual fluidity in women, we suggest the following book: Diamond, L. (2008). Sexual fluidity: Understanding women’s love and desire. Cambridge, MA: Harvard University Press.

Our survey indicates that the Rochester Pride Parade of 2010 was effective at making participants feel good about themselves and their community, and at engendering support from observers. In fact, in their open-ended responses, both participants and observers reported feeling “happy,” “empowered,” “supported,” “welcomed” and “proud.” sexually fluid than are ethnic minority women (i.e., African American, Latina, and Asian women).

Media depiction of images of Caucasian same-sex partnerships was thought to contribute to Caucasian women being more fluid.

Negative cultural messages about same-sex relationships were thought to contribute to low levels of fluidity in minority women, And the more people identify as preferring same sex relationships themselves, the less they believe that others can be fluid.

Gathering data and learning about sexual fluidity has important implications for the LGBT community. Being perceived

We would like to thank Evelyn Bailey, coordinator of this year’s Pride Picnic, who made this research possible with her support and willingness to provide us with a table at the picnic. We also thank Michael Hardy and Carrie Vernon for their helpful advice, and the members of the Positive Intergroup Relations Lab at Brockport who helped to collect this data during the picnic. Finally, we would like to thank everyone who participated in this research, as it would not have been possible without your willingness to share your opinions! It is through your participation that researchers may gain insight and form conclusions with the aim of promoting equality and acceptance of all LGBT people.

Questions about this work should be addressed to Danielle Gentile (dgent1@ brockport.edu ) The College at Brockport, State University of New York, Brockport, NY. This work is part of Danielle’s senior research thesis. ■

Research examines effectiveness of Rochester Pride Parade

By Dr. Jennifer J. Ratcliff & Amanda Hoock, The College at Brockport, State University of New York “Hope will never be silent.” ~Harvey Milk Both history and research have shown that groups that are marginalized within a society can benefit from feeling and expressing pride in their group membership. Indeed, research shows that marginalized individuals often engage in pride displays in an effort to boost morale within the group and to gain support from people outside of the group.

Public pride displays also provide an opportunity for disadvantaged groups to present the inequalities they face to individuals outside of their community.

Looking back at the Rochester LGBT Pride parade held on Saturday, July 17, 2010, one might recall a variety of prideful expressions, such as signs emphasizing inequities, people proudly dancing on floats, family members and friends marching as allies, and church members assuring the crowd that Jesus loves everyone. As researchers, we wondered how marching in the parade made participants feel about themselves and the LGBT community, and how observers reacted to the parade.

Although pride displays have a long history and are utilized by many distinct minority groups, little research has examined the actual consequences of pride parades in terms of the reactions evoked.

Given that one goal of parades is to raise awareness and elicit support from others,

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September 2010 • number 438 • gay alliance of the genesee valley • the empty closet the parade.

Our survey indicates that the Rochester Pride Parade of 2010 was effective at making participants feel good about themselves and their community, and at engendering support from observers. In fact, in their open-ended responses, both participants and observers reported feeling “happy,” “empowered,” “supported,” “welcomed” and “proud.” One observer exemplified the role that pride parades play by stating, “Rochester… is becoming more supportive of LGBT community and issues.” Apparently one pride parade has the power to make a whole community seem more welcoming.

Notes: We would like to thank members of the GAGV who made this research possible with their advice and support: Sue Cowell, Scott Fearing, Michael Hardy and Carrie Vernon. We also thank all of the members of the Positive Intergroup Relations Lab at Brockport for their tireless work before, during, and after the parade to help collect this data. We give special thanks to Neil Peterson for helping us set up and tear down booths. Finally, we would like to thank everyone who participated in this research, as it would not have been possible without your willingness to share your opinions!

Questions about this work should be addressed to Jennifer J. Ratcliff, The College at Brockport, State University of New York, Brockport, NY; jratclif@brockport.edu. ■

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understanding these reactions is important. We can all probably think of examples of when one person finds a parade inspiring, whereas another person finds it offensive. So what factors make a parade effective, leading to more support than resistance?

Earlier work, conducted at Harvard University by the first author, demonstrated that pride can be perceived as: 1) authentic and deserved; or 2) hubristic and arrogant. Additionally, this work showed that perceived authenticity predicts a willingness to engage in supportive behaviors toward a group, whereas perceived hubris predicts a willingness to engage in harmful behaviors toward that group. Thus, a pride parade that is perceived as authentic will lead to more support than will one that is perceived as hubristic. To examine perceptions of the Rochester pride parade, we surveyed 95 participants and 105 observers after the parade. The following is a summary of some of our findings: Both participants and observers thought that the parade conveyed more authenticity than hubris; To the extent that people thought the parade was authentic, they were more willing to engage in supportive behaviors toward the LGBT community; Feeling welcome at the parade led observers to view it as more authentic; Marching in the parade was related to greater feelings of connection to the LGBT community than was observing

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the empty closet • the gay alliance of the genesee valley • number 438 • September 2010

Making the Scene

THE RAINBOW SAGE REUNION PICNIC was held Aug. 21 at Ellison Park; 67 people attended. Photos: Brian Hurlburt

RIVER CRUISE: Above & below: Just Us Guys cruised the Genesee on the Colonial Belle on Aug. 13. Photos: Howard Green

James Goff enjoying the music at the Rainbow SAGE picnic.

PARK AVENUE FESTIVAL: Fran Keefe, Errol Kelly and Greg Sezney gather for cool drinks at the Catalano/Tremblay home on Park Ave. Photos: Ove Overmyer

Judy Johnson and Mary Ann Sanford shopping up a storm at the Park Avenue Festival on Aug. 7.

Nichole Malec, City Council Vice President Elaine Spaull and Barbara Duffy on Park Avenue.

Partners Jimmy Catalano (second from left) and Bruce Tremblay (far right) host Mayor Duffy and his wife Barbara at their Park Ave. home during the Park Avenue Festival on Aug. 7.

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September 2010 • number 438 • gay alliance of the genesee valley • the empty closet

WELCOME TO THE WORLD: Theo Fryderyk Green Sewuk was born 5/30/10 at 10:14 a.m., 7 lbs, 5 oz., and 20.5 inches long. Congratulations to the proud parents Julia Green Sewuk and Melissa Sewuk.

SCENEMAKERS OF THE MONTH: MOCHA CENTER AWARDS: Bianca Castro and Kris Buntley, recipients of MOCHA’s Recognition of Youth Leaders Awards. Photos: Laura McSpadden

Henry James (left), one of the recipients of a Certificate of Appreciation for Volunteers, with Michael Booth (MOCHA’s Health Education Specialist) outside of Venú Resto-Lounge before the Awards Reception on Aug. 19, during MOCHA Center’s annual weekend of events.

Fun in the Sun 2010

Scott Fearing, the Program Director for the Gay Alliance and one of the recipients of a Heart of MOCHA Award, with Judith Bauman, Project Director for MOCHA Center.

SEND US YOUR SOCIAL NOTES The Empty Closet wants to publish your birth and wedding announcements and all kinds of social notes! Send to susanj@ gayalliance.org by the 15th for the following month’s issue.

FUN IN THE SUN: Event hosts Kelly Clark and Edward Moody are flanked by the program’s star entertainers: from left to right Vanity Faire, Kyla Minx, Aneal Pleasures. Mamooche Bistro is located on the corner of Alexander St. and East Ave. in the heart of the East End entertainment district. The annual fundraiser benefitted the Anti Violence Project. Photos: Ove Overmyer

Fun in the Sun at Mamooche raises funds for AVP on Aug. 15

By Ove Overmyer Hundreds of supporters of the Gay Alliance Anti-Violence Project came together at the East End’s Mamooche Bistro on Sunday, Aug. 15 for the annual fundraiser called “Fun In The Sun.” This year’s honorary host for the event was WHAMTV 13’s Edward Moody.

Kelly Clark, Community Safety Director for the Gay Alliance, said, “This is one of our agency’s biggest events of the year, besides Pride Week of course. We have donors in our area that raise thousands of dollars for our project that is desperately needed – and I couldn’t thank them enough.”

She added, “Educators, lawmakers, service providers and the general public must support the work of antiviolence programs and LGBTQ people to transform a culture of hate into one that is inclusive, healthy and safe for all.”

The National Coalition of Anti-Violence Program’s 2009 report strongly recommends that the federal and state governments and criminal legal systems support anti-violence programs by ceasing cutbacks, releasing allocated funding and increasing funding for prevention, education, and data collection.

The festivities included a silent auction, door prizes, dancing and a drag show. All proceeds will help augment direct care programs and services provided by the Gay Alliance’s Anti-Violence Project. ■

Anti-Violence Project supporters Judge Karen Morris and Dave Voinsinet pose for the paparazzi.

From left to right: Sean Van Hatten, Michael Hardy and Kevin West celebrate at “Fun In The Sun!”

WHAM-TV 13’s Edward Moody doles out the door prizes and silent auction prizes.

Correction: Last month we misidentified the photographer who took the photographs below. They were taken by Garnetta Ely.

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the empty closet • the gay alliance of the genesee valley • number 438 • September 2010