Friday, August 13, 2010
SAN FRANCISCO -- The federal judge who overturned California's same-sex marriage ban has more bad news for the measure's backers: He doubts they have the right to challenge his ruling that gay couples can begin marrying next week.
Chief U.S. District Judge Vaughn R. Walker on Thursday rejected a request to delay his decision barring Proposition 8 from taking effect until high courts can take up an appeal lodged by its supporters. One of the reasons, the judge said, is he's not sure the proponents have the authority to appeal since they would not be affected by or responsible for implementing his ruling.
By contrast, same-sex couples are being denied their constitutional rights every day they are prohibited from marrying, Walker said.
The ban's backers "point to harm resulting from a 'cloud of uncertainty' surrounding the validity of marriages performed after judgment is entered but before proponents' appeal is resolved," he said. "Proponents have not, however, argued that any of them seek to wed a same-sex spouse."
Walker gave opponents of same-sex marriage until Aug. 18 at 5 p.m. to get a ruling from the 9th U.S. Circuit Court of Appeals on whether gay marriages should start before the court considers their broader appeal. Their lawyers filed a request asking the 9th Circuit to intervene and block the weddings on an emergency basis late Thursday.
They argued the appeals court should grant a stay of Walker's order requiring state officials to cease enforcing Proposition 8 "to avoid the confusion and irreparable injury that would flow from the creation of a class of purported same-sex marriages."
Depending on how the 9th Circuit rules, same-sex couples could begin tying the knot in California as early as next week or be put off while the appeal works its way through the court and potentially the U.S. Supreme Court as well.
California voters passed Proposition 8 as a state constitutional amendment in November 2008, five months after the California Supreme Court legalized same-sex unions and an estimated 18,000 same-sex couples already had married.
In refusing to suspend his ruling for more than a few days, Walker agreed with the lawyers who sued to strike down the ban that it's unclear if Proposition 8's sponsors have legal standing to appeal.
Although he allowed the coalition of religious and conservative groups that sponsored the measure to defend the lawsuit during the 13-day trial over which he presided, the judge said appellate courts have different rules for deciding when a party is eligible to challenge a lower court.
Based on his interpretation of those rules, it appears the ban's sponsors can only appeal his decision with the backing of either Gov. Arnold Schwarzenegger or Attorney General Jerry Brown, Walker said. But that seems unlikely as both officials refused to defend Proposition 8 in Walker's court and said last week they see no reason why gay couples should not be able to tie the knot now.
Walker also turned aside arguments that marriages performed now could be thrown into legal chaos if Proposition 8 is later upheld by an appeals court. He pointed to the 18,000 same-sex couples who married legally in the five months that gay marriage was legal in California as proof.
San Francisco Chief Deputy City Attorney Therese Stewart, who during the trial helped argue that Proposition 8 should be overturned, said that while it will not be up to Walker to decide the eligibility issue, "it's very realistic" that the 9th Circuit could reach the same conclusion.
"We allocate the decision-making authority over how to enforce and defend and prosecute the laws to the executive branch," Stewart said. "Do you want every Tom, Dick and Harry second-guessing what the attorney general does and challenging every ruling the attorney general chooses not to?"
The ban's backers addressed the potential for such a roadblock in their emergency stay request, saying California's strong citizen initiative law permits ballot measure proponents to defend their interests when state officials refuse to.
"We are confident we do have standing to seek the appellate review here, and we realize this case has just begun and we will get the decision overturned on appeal," said Jim Campbell, an Alliance Defense Fund lawyer who is part of the legal team defending Proposition 8.
Other legal analysts think the appeals court will allow the group that raised $40 million to pass Proposition 8 to formally challenge Walker's ruling.
"What Judge Walker's ruling means is you can sponsor a proposition, direct it, research it, work for it, raise $40 million for it, get it on a ballot, successfully campaign for it and then have no ability to defend it independently in court," said Dale Carpenter, a University of Minnesota constitutional law professor who supports same-sex marriage. "And then a judge maybe let you be the sole defender in a full-blown trial and then says, 'by the way, you never can defend this.' It just seems very unlikely to me the higher courts will buy that."
Walker's order clearing the way for same-sex marriages to resume in California for the first time since 52 percent of the state's voters approved Proposition 8 nonetheless raised hopes among gay couples who flocked to government offices to await word that they soon will be able to exchange vows.
"We just want equal rights. We're tired of being second-class citizens," said Amber Fox, 35, who went to the Beverly Hills Municipal Courthouse on Thursday morning in hopes of marrying her partner. The couple wed in Massachusetts in June but wanted to make it official in their home state.
Teresa Rowe, 31, and her partner, Kristin Orbin, 31, said they were still happy with the decision even though the ceremony didn't happen. The couple went to San Francisco City Hall early Thursday morning to fill out a marriage license application.
"It's sad that we have to wait a little longer, but it's been six years," Rowe said.
Associated Press writers Trevor Hunnicutt in San Francisco and Shaya Tayefe Mohajer in Beverly Hills contributed to this report.
Read more: Gay Marriage can resume on August 18
Thursday, August 12, 2010
Thomas Glave spoke of a fear of being beaten while walking in New Kingston. This fear has projected a defensive exterior of silence amidst passive aggression with a sprinkling of violent responses. And over the years I have watched the voice of Gay Jamaica diminish as there seems to be an increase in asylum and re-closeting an act i propose has occurred after the death of Bryan a Gay Rights Activist with no qualms to speak openly about sexuality.
Silence has become such a major aspect of the community so much so that artist the voice of the nation though deemed to be homosexual spends much time tightening and sealing the doors possibly as a bid to save his own life.
So when the door of the macho theatre space is opened the seats have already been filled and crowd is in anticipation of the play that will begin in 30 minutes. This is one f the theatre houses where the purchase of a ticket has to happen days in advance. Already the marketting team and the front of house manager is pleased that this star choose to join this production house.
Then when the play begins a stereotype of a cas-cas man with many effemenate mannerisms exorcises screams of laughter from those who moments before could not stand his mannerisms and was disgusted by his very presence. And those silent for so long have sat around and watched and joined in the openness that he portrays.
The roots theatre like most popular media seeks to be the voice bearing teh familiar message of its cousin Reggae and dancehall music, spreading the idea that there are things done sexually that are abominations of sorts. The list consisting of cheating, female promiscuity. homosexuality and oral sex while lauding male prowess. The effect of another repression imposed on us by society.
This play can be examined from many perspectives but one of interest is revealed if we pay attention to the characters for example a disguised uptown woman who is using love to control the men who stand between her dead husbands fortune and her life while the other is a woman who has fallen after relinquishing herself to her man. This feminist viewing of the play when juxtaposed with the effeminate male who reveals himself at the end to be the best detective in the force ( an ironically implication as the politicians have been foaming at the mouth because of the presence of gays in the force).
yet the play can be seen as a satire playing whimsically on the position of the upper class women and the way they relate to men either being completely subject-ified or they become so dominant and devious in their demand for what they want. All in all this play opens up more relevant conversation than those being portrayed in theatre that is disregarded.
But I digress
This play with its condescension on diversity hires a gay man to be its star and the audience finds his coarse crass humour to be the most thrilling experience. The employment of slapstick and acrobatics enhance the stinging response that flows from his lips.
As a teacher in high school in St Thomas I had often heard myself ponder about the excessive amount of anger that linger in the mind of the youth. And now this immediate demeaning response sits as the mecca of our comedic experience. But here we are again with the axiom: Take bad thing make laughter. But I hope this laughter will mean something worthwhile and allow this suppression of sexuality find itself to be the peas soup that gives us the freedom to be.
And already I see the silence breaking when on a Monday night the boys have returned flaunting themselves in drag and tight clothes knees knock ready for the bubble that sowed the seeds of discomfort that the actor dismisses with his tool of laughter.
This note is less about the excellent performances of the actors who have transitioned to this unfamiliar style of theatre and shown themselves embedded in this culture and shinning but more so about the idea that the Arts was a tool employed my black leaders as they struggled for civil liberty in the issue of race and the comparison is evident between race and homosexuality.
So maybe this phenomenon of discomfort is in fact a passage a moment for the straight and defensively closed minded to open themselves and subsequently our society to relinquish silence.
Wednesday, August 11, 2010
She has not escaped that from this blog but only in as far as her pronouncements and borderline theocratic views on homosexuality and her supposed fears and warnings of the "homosexual lobby" in Jamaica. The infamous Observer article she penned in 2007 of which the online version is not available but I found a print copy an excerpt of which can be seen on Gay Jamaica Watch.
here are some of the newspaper cartoons predominantly from Lasmay of the Gleaner that depict the perceptions of Miss Blaine's new found revolve in politics but given the fate of previous new political parties there are those who already predict doom as seen in the letter excerpted below from the Jamaica Observer.
Now that Mrs Betty-Ann Blaine has launched her own political party, Jamaica will get a good demonstration of what talk-show-hosts-turned-politicians should not do.
The problem with talk-show hosts is that when they decide to go into politics, the public would have had a pretty good idea of what they are planning to do. Unfortunately for Mrs Blaine, her public utterances on her show before launching her party might have already sealed her doom.
First, she claims that God will be at the forefront of her political agenda. Now, whenever I hear politicians talk about God being in charge, it's just their way of conceding that they really don't have the solutions to solve our problems. I wouldn't want to be led by a leader who doesn't even know where to start.
Remember her no-vote campaign a few years ago? Ms Blaine thought that people shouldn't vote, as we don't have leaders who care. She was one of the chief architects of the cynicism that currently prevails in regard to people voting for politicians. What makes her think that people are going to treat her any different is a mystery to me, especially after this U-turn.
Though never a fan, I distinctly remember hearing Mrs Blaine saying a lot of things while on air. One such was her call some time ago for a police state and the curtailing of some of our rights to deal with our out-of-control crime crisis. Imagine if she were to become prime minister!
Mrs Blaine also strikes me as one who puts too much faith in her Bible. Every time I hear her on radio, she would proudly proclaim that God is in control. Yet almost immediately, she would curse the current state of affairs. Now, if God is in control, why is she complaining?
When she joined the United People's Party (now defunct), she did so under God's guidance. Shortly after that, she left, claiming that God told her that the time was not right. Now she has gone back into politics again, claiming once more that it is God's calling. Why do these people take such great pleasure in making their God look like an idiot?
Anyway, Mrs Blaine will soon get a well-rehearsed lesson in failed third parties. I am at a total loss as to why she would come to the crazy idea that her party will succeed, especially after her stint as a talk-show host.
Michael A Dingwall
Podcasts You may have missed or want to re-listen
Heteronormative Role Play, Power Differentials & Intimate Partner Violence in LGBT Groups 07.11.15 by Djhowiejam on Mixcloud
Aphrodite’s PRIDE JA tackles gender identity, transgender misconceptions .....
Aphrodite's P.R.I.D.E Jamaica, APJ launched their website
Aphrodite's P.R.I.D.E Jamaica, APJ launched their website on December 1 2015 on World AIDS Day where they hosted a docu-film and after discussions on the film Human Vol 1
Dr Shelly Ann Weeks on Homophobia - What are we afraid of?
Former host of Dr Sexy Live on Nationwide radio and Sexologist tackles in a simplistic but to the point style homophobia and asks the poignant question of the age, What really are we as a nation afraid of?
Dancehall has certainly been very clear where it stands when it comes to this issue with various songs voicing clear condemnation of this lifestyle. Currently, quite a few artistes are facing continuous protests because of their anti-gay lyrics. Even the law makers are involved in the gayness as there have been several calls for the repeal of the buggery law. Recently Parliament announced plans to review the Sexual Offences Act which, I am sure, will no doubt address homosexuality.
Jamaica has been described as a homophobic nation. The question I want to ask is: What are we afraid of? There are usually many reasons why homosexuality is such a pain in the a@. Here are some of the more popular arguments MORE HERE
Dr Shelly Ann Weeks on Gender Identity & Sexual Orientation
Promised conscience vote was a fluke from the PNP ........
War of words between pro & anti gay activists on HIV matters .......... what hypocrisy is this?
Urgent Need to discuss sex & sexuality II
Following a cowardly decision by the Minister(try) of Education to withdraw an all important Health Family Life, HFLE Manual on sex and sexuality
Calls for Tourism Boycotts are Nonsensical at This Time
Newstalk 93FM's Issues On Fire: Polygamy Should Be Legalized In Jamaica 08.04.14
Some Popular Posts
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Violence & venom force gay Jamaicans to hide
a 2009 Word focus report where the history of the major explosion of homeless MSM occurred and references to the party DVD that was leaked to the bootleg market which exposed many unsuspecting patrons to the public (3:59), also the caustic remarks made by former member of Parliament in the then JLP administration.
The late founder of the CVC, former ED of JASL and JFLAG Dr. Robert Carr was also interviewed.
Thanks for your Donations
Thank you for your donations via Paypal in helping to keep this blog going, my limited frontline community work, temporary shelter assistance at my home and related costs. Please continue to support me and my allies in this venture that has now become a full time activity. When I first started blogging in late 2007 it was just as a pass time to highlight GLBTQ issues in Jamaica under then JFLAG's blogspot page but now clearly there is a need for more forumatic activity which I want to continue to play my part while raising more real life issues pertinent to us.
- Work with other Non Governmental organizations old and new towards similar focus and objectives
- To find common ground on issues affecting GLBTQ and straight friendly persons in Jamaica towards tolerance and harmony
- Exposing homophobic activities and suggesting corrective solutions
- Continuing discussion on issues affecting GLBTQ people in Jamaica and elsewhere
- Welcoming, examining and implementing suggestions and ideas from you the viewing public
- Present issues on HIV/AIDS related matters in a timely and accurate manner
- Assist where possible victims of homophobic violence and abuse financially, temporary shelter(my home) and otherwise
- Track human rights issues in general with a view to support for ALL
Information & Disclaimer
Recent Homophobic Cases
Peace to you and be safe out there.
What to do if you are attacked (News You Can Use)
First, be calm: Do not panic; it may be very difficult to maintain composure if attacked but this is important.
Steps to Take When Contronted or Arrested by Police
a) Ask to see a lawyer or Duty Council
What to do
b. Ask to see a lawyer immediately: if you don’t have the money ask for a Duty Council
c. A Duty Council is a lawyer provided by the state
d. Talk to a lawyer before you talk to the police
e. Tell your lawyer if anyone hits you and identify who did so by name and number
f. Give no explanations excuses or stories: you can make your defense later in court based on what you and your lawyer decided
g. Ask the sub officer in charge of the station to grant bail once you are charged with an offence
h. Ask to be taken before a justice of The Peace immediately if the sub officer refuses you bail
i. Demand to be brought before a Resident Magistrate and have your lawyer ask the judge for bail
j. Ask that any property taken from you be listed and sealed in your presence
Cases of Assault:An assault is an apprehension that someone is about to hit you
The following may apply:
1) Call 119 or go to the station or the police arrives depending on the severity of the injuries
3) Critical evidence must be gathered as to the injuries received which may include a Doctor’s report of the injuries.
7) Bolster the credibility of a case by a report from an independent disinterested party.
Sexual Health / STDs News From Medical News Today
VACANT AT LAST! SHOEMAKERGULLY: DISPLACED MSM/TRANS PERSONS WERE IS CLEARED DECEMBER 2014
Question is what will happen to the population now as they struggle for a roof over their heads and food etc. The Superintendent who proposed a shelter idea (that seemingly has been ignored by JFLAG et al) was the one who led the raid/eviction.
also see a flashback to some of the troubling issues with the populations and the descending relationships between JASL, JFLAG and the displaced/homeless GBT youth in New Kingston: Rowdy Gays Strike - J-FLAG Abandons Raucous Homosexuals Misbehaving In New Kingston
GLBTQJA (Blogger): HERE
THE BEST OF & Recommended Audioposts/Podcasts
Other sides to the msm homeless saga (2012)
Rowdy Gays Matter 21.08.11 more HERE
Ethical Professionlism & LGBT Advocates 01.02.12 more HERE
Portia Simpson Miller - SIMPSON MILLER DEFENDS GAY COMMENT 23.12.11
2 SGL Women lost, corrective rape and virtual silence from the male dominated advocacy structure
Al Miller on UK Aid & The Abnormality of Homosexuality 19.11.11
Homosexuality is Not Illegal in Jamaica .... Buggery is despite the persons gender 12.11.11 MORE HERE
MSM Homelessness 2011 ...my two cents
Black Friday for Gays in Jamaica More HERE
Bi-phobia by default from supposed LGBT advocate structures?
Homeless MSMs Saga Timeline 28.08.11 (HOT!!!) see more HERE
A Response to Al Miller's Abnormality of Homosexuality statement 19.11.11
UK/commonwealth Aid Matter & The New Developments, no aid cuts but redirecting, ethical problems on our part - 22.11.11
Homophobic Killings versus Non Homophobic Killings 12.07.12
Big Lies, Crisis Archiving & More MSM Homlessness Issues 12.07.12
More MSM Challenges July 2012 more sounds HERE
GLBTQ Jamaica 2011 Summary 02.01.12 more HERE
Homosexuality Destroying the Family? .............. I Think Not!
Lesbian issues left out of the Jamaican advocacy thrust until now?
Club Heavens The Rebirth 12.02.12 and more HERE
Should gov't provide shelter for homeless msm?
National attitudes to gays survey shows 78% of J'cans say NO to buggery repeal
1st Anniversary of Homeless MSM civil disobedience (Aug 23/4) 2012 more HERE
JFLAG's rejection of rowdy homeless msms & the Sept 21st standoff .........
Atheism & Secularism may cloud the struggle for lgbt rights in Jamaica more HERE
Urgent Need to discuss sex & sexuality II and more HERE
MSM Community Displacement Concerns October 2012
The UTECH abuse & related issues
Beenieman's hypocrisy & his fake apology in his own words and more HERE
Guarded about JFLAG's Homeless shelter
Homophobia & homelessness matters for November 2012 ................
Cabinet delays buggery review, says it's not a priority & more ...........................(November 2012) prior to the announcement of the review in parliament in June 2013 More sounds HERE
"Dutty Mind" used in Patois Bible to describe homosexuals
Homeless impatient with agencies over slow progress for promised shelter 2012 More HERE
George Davis Live - Dr Wayne West & Carole Narcisse on JCHS' illogical fear
Homeless MSM Issues in New Kgn Jan 2013 .......
Homeless MSM challenges in Jamaica February 2013 more HERE
JFLAG Excludes Homeless MSM from IDAHOT Symposium on Homelessness 2013
Poor leadership & dithering are reasons for JFLAG & Jamaica AIDS Support’s temporary homelessness May 2013 more HERE
Response To Flagging a Dead Horse Free Speech & Gay Rights 10.06.13