Showing posts with label law. Show all posts
Showing posts with label law. Show all posts

Tuesday, July 24, 2007

Papua Considering Chip Implants for HIV Carriers

Yikes! Don't you just love the idiots in charge of governments? Why not a triangle patch? Or a barcode? Oh. That's why. Yeah... via Towleroad:

A doctor involved in the preparation of a healthcare regulation bill in the Indonesian province of Papua cited dangerous behavior among some infected with the HIV as the reason lawmakers are considering the use of microchip implants in tracking some HIV carriers.

Said Dr. John Manangsang: "We in the government in Papua have to think hard on ways to provide protection to people from the spread of the disease. Some of the infected people experience a change of behaviour and can turn more aggressive and would not think twice of infecting others. Among one of the means being considered is the monitoring of those infected people who can pose a danger to others. The use of chip implants is one of the ways to do so, but only for those few who turn aggressive and clearly continue to disregard what they know about the disease and spread the virus to others."

What a great idea!

Wednesday, June 20, 2007

True Colors Tour Benefiting HRC (Human Rights Campaign)

I got this letter from HRC. If you are able to show support by watching the video and perhaps sending a letter to your congressional representative, then please do.

Dear Keith,

When you've been fighting discrimination for as long as I have, you develop a fairly thick skin. But I'll admit, the first time I saw this video, I got chills. It was produced for Cyndi Lauper's True Colors tour benefiting HRC, and it's now showing at concerts across the country.

Please watch the video, and share it with everyone you know.



This stirring video has the power to motivate THOUSANDS MORE people to take action for the Matthew Shepard Act.

And that's exactly what we need to do. As I write this, angry radical right-wing leaders are using scare tactics to fire up their base against the Matthew Shepard Act. They're saying it could "send pastors to prison for simply reading a part of the Bible." It's absurd.

Even worse: despite our House victory, we're hearing from Senate staffers that opponents of the Matthew Shepard Act are still beating us five to one in emails, calls, and letters.

Five to one. With the vote approaching and many senators still undecided, we simply cannot allow this to continue. So I'm asking you to turn that ratio around.

Watch the video - and share it with at least FIVE friends.

The vast majority of Americans support the Matthew Shepard Act. There are, quite simply, more of us. But our senators are hearing from more of them.

If every one of us tells five friends to watch the video and take action, we'll make sure they get the message: hate will not win.

Warmly,
Joe Solmonese
President

Wednesday, May 16, 2007

Sexual orientation questions keep Roommates.com from Safe Harbor berth

From Ars Technica :

Roommates.com found itself on the wrong end of a judicial ruling yesterday as the Ninth Circuit Court of Appeals found that asking questions about applicants' gender and sexual orientation removed the site's Safe Harbor protection under the Communications Decency Act.

...

So much for the question portion of the Roommates.com sign-up process. But there's also a free-form answer area at the end of the questions in which users can post anything that they want. The Judge notes in a series of footnotes that past responses have included, "The female we are looking for hopefully wont [sic] mind having a little sexual incounter [sic] with my boyfriend and I [very sic]" and "I am looking for asian/spanish persons to share the apartment." Some of the qualifications that appear in this section might also violate the Fair Housing Act, but the Court found that Roommates.com was not responsible for responses left on an open-ended form (one judge dissented from this part of the ruling).

Tuesday, May 15, 2007

Some Gay New Yorkers Gain in Ruling on Marriages

This originally came from gay news blog. It's midnite, bedtime. I'm not going to dissect this article and what I believe are the legal ramifications. First of all, I'm not a supreme expert, and second I'm tired and cranky. However, I think it deserves mention because these legally married New York Gay people have literally thrown a big rock at the glass wall of DOMA and other legal rulings barring gay marriage, causing a big legal crack which can be taken advantage of.

BOSTON, May 15 — A little-noticed resolution to a case involving same-sex couples from New York will allow dozens of them to be considered legally married in Massachusetts, and apparently in their home state as well.

Okay, so what the hell am I talking about? Right? I said I wasn't going to analyze this.

How does policy change happen in the US? 1) The big 3: legislature, executive and judiciary. 2) Elections (direct, referendum). 3) Loopholes.

A little bit shocked by that "loopholes" statement, aren't you? I can't get into the specifics because I don't have all the research, and like I said I'm a little bit tired. But basically when all the marriage laws were written, nobody on "god's green earth" would ever have believed that two men would ever try to get married. It was just a basic assumption. Hell, we homos were illegal in most states until the Supreme Court ruling in 2003. To most, it would have been like saying a 59 year old man could marry his 5 year old niece. Well, times have changed, and the 21st century has seen nearly every state in the union try to stop gay marriage -- they're all scrambling to write laws and to get judges and voters on their side.

Well, this case, which is detailed in this New York Times article, is not outright saying that the wall is coming down, but it was based on a legal loophole and it will, in time, I fully believe, provide a legal loophole that will allow gay marriage in all 50 states.

How, you ask? Oh, shit, I said I was tired and I don't want to analyze this. Well, let me summarize it. The court made its ruling and said specifically that the people in New York who went to Massachusetts to get married could remain legally married in their home state of New York but only if they got their marriage licenses between the period of time when Massachusetts began allowing gay marriage and the ruling of the appeals court decided that such marriages were not transferable outside of Massachusetts.

Stay with me. I'm tired.

New York does not have a legal ban on gay marriage. The New York Appeals Court decided that gay marriage is not a legal right in their state, however, there is no specific ban or right granted, which means the door is open. Someone either has to shut the door or blow it open. But this ruling, barely picked up in the media (even the gay media), I believe, will swing the door wide open.

Those marriages are also expected to be considered legal in New York. John Milgrim, a spokesman for the office of that state’s attorney general, said, “Since 2004 it has been the position of the attorney general’s office that New York law presumptively requires the recognition of marriages validly performed in other jurisdictions.”

So a few gay people got marriage licenses in Massachusetts, they're from New York, and their marriages are legal in both states? Correct me if I'm wrong, but if those licenses are legal in New York state, then what about the gay people from ... Oh, I dunno, Nebraska who got married in Massachusetts? Nebraska has an actual law banning gay marriage.

Well who cares, right? Nebraska is a state, it has rights, it can ban homos if it wants to.

That is open to interpretation by the judicial system. So what happens when a couple who got married between these two "dates" sues the state of Nebraska because their marriage licenses are legal? Well, I think a Federal circuit court picks up the case, reviews the Massachusetts findings, then checks the DOMA (Defense of Marriage Act). It rules against the gay couple, because of DOMA. The couples appeal on the grounds that the Full Faith and Credit clause of the Constitution is violated by DOMA. Appeals, rulings, appeals, rulings. At some point, the case reaches the US Supreme Court. The Supreme Court seriously looks at DOMA (as it has declined to do in the past) and rules that yes, indeed, Congress did overstep its authority and rules it as unconsitutional.

This is why it's so important for the right wing to pass a Constitutional Amendment (it'll never happen, IMHO). They know the only way they can possible make DOMA hold up is if the US Supreme Court cannot test its constitutionality. The only way the US Supreme court cannot test its constitutionality is if it is consitutional, meaning an amendment!

Okay, so I wasn't going to analyze, and I did it anyway. Sorry. I'm not a lawyer, this is basically opinion. But mark my words, the whole house of cards is going to come crumbling down because of this one ruling. Remember, folks, gay marriage is not a moral issue, it's a civil and social issue. Don't let anybody tell you that you don't have the right to love. You can buy porn, cigarettes, alcohol -- you can enter into legal contracts which have the effect of marriage -- you can work, you can pay taxes -- you can have sex with any consenting adult. The right wingers like to group gay marriage in with "polygamy" and other such nonsense. Polygamy is a one state (more or less) issue. Gay people are a 50 state issue. We live everywhere. We are a countable, predicable ratio in every population. It's not an aberration. Gay people are normal -- every walk of life, every job sector, every career path, every school, every business, every office, every profession, every race, color, creed, religion, background, nation of origin -- you name it we are there. They cannot deny us, and they cannot kill us or beat us or oppress us with "morality" any longer. The Supreme Court already decided the morality issue in our bedrooms, now what about the wedding chapels? Get god out of government. Really. Not just kinda. All the fucking way. Thanks!

End of soap box. Back to ... Not analyzing? Mark my words, the wall will come crumbling down because of this ruling.

Extremists crusade against Oregon Gay equality

Don't these people have better things to do, like say, having sex with their farm animals or something?

Two Oregon bills that recognize same-sex domestic unions and a law banning discrimination against LGBT people in employment, housing and public accommodations is under fire from the American Taliban.

What exactly is the American Taliban? I think they're referring to Focus on the Family or something like that. It's unclear to me.

read more | digg story

Saturday, May 5, 2007

Mass. gay marriage advocates look for national help (The Standard-Times)

Icky.

BOSTON — Proponents of gay marriage and state Democratic leaders are lobbying the national party in an effort to get a handful of state legislators to change position and vote to kill a proposed state constitutional amendment banning same-sex...

Thursday, May 3, 2007

Oregon Approves Sweeping Domestic Partnership Benefits

From Towleroad:

The Oregon Senate on Tuesday gave final legislative approval to House Bill 2007, which will give same-sex couples in the state all the benefits of marriage via domestic partnerships. The Oregon House passed the bill in mid-April. It will now go to Governor Ted Kulongoski for his signature.

Tuesday, May 1, 2007

Smoking ban gets governor's approval

Of course this is old news. However, I'm really happy about it. I will be much more likely to visit bars once this smoking ban goes into effect.

The smoke in New Mexico bars and restaurants will soon fade into oblivion under a statewide smoking ban signed this morning by Gov. Bill Richardson.

...

The measure prohibits smoking in all workplaces across the state, including bars and restaurants. It takes effect June 15. Individuals violating the ban would face a $100 fine for a first violation.

Thursday, April 19, 2007

Gay Rights Bill Passes in Oregon

SALEM, Ore. — Same-sex couples would receive the same benefits as married couples, and gays and lesbians would be protected against discrimination under bills approved Tuesday by the Oregon House.

read more | digg story

Sunday, April 8, 2007

Proposed repeal of 1913 law could lure gay couples to Mass.

This would essentially open up gay marriage in the entire nation. Read more at the Boston Globe:

BOSTON --Gay couples from across the country could be getting the green light to marry in Massachusetts after three of the state's top political leaders said they support repealing a 94-year-old law that has blocked the practice.

While gay couples living in Massachusetts have been free to marry since 2004, following a ruling by the state Supreme Judicial Court, couples from other states have been barred from tying the knot here.

Wednesday, April 4, 2007

Gay Marriage Ban Suffers Defeat in Indiana

In some states, the legislature is fighting to keep civil unions out. In other states, they're fighting to keep discriminatory marriage in.

From Towleroad:

A tied (5-5) vote in the House Rules and Legislative Procedure Committee effectively killed the proposed amendment banning gay marriage in Indiana for what could be a year. Five Democrats opposed the amendment, with four Republicans supporting it. They were joined by one Democrat.

No Domestic Partnerships in New Mexico, and Thankfully, no DOMA

I got this from EqualityNM's mailing list. Please consider joining this list, or check out Equality New Mexico's website.

Unfortunately, it's official. Both the House and Senate have adjourned sine die ending the Special Session without the Senate ever hearing the Domestic Partnership Bill. Because of the timing of the Special Session, too many of our allies were out of town, and moving forward in the Senate would have been counterproductive. There was briefly some talk of the Senate returning mid April to conduct the rest of the business on the Governor's agenda, but they instead determined that a final adjournment was in order.

So, the fight is over for now. However, we made tremendous strides forward this year. We passed full Domestic Partner legislation through the House THREE times, and lost by only ONE vote in the Senate. Two years ago, similar legislation only made it past one committee.

Additionally, we were once again able to keep New Mexico DOMA free. We defeated two DOMAs in committees in the House, killed one DOMA in committee in the Senate and defeated an amendment of a DOMA to our Domestic Partner Bill on the House Floor.

Tuesday, April 3, 2007

California Supreme Court Receives Same-Sex Marriage Briefs

In my home state (New Mexico), our homophobic Senate refused to pass a civil-union bill. Yet, over in California where the leaders have more balls than to stall a bill to death, the law is going to say who gets to royally fuck whom over in divorce court.

From Towleroad:

On Monday, legal briefs challenging California's ban on same-sex marriage were presented by the city and county of San Francisco, 15 same-sex couples, Equality California, and Our Family Coalition (represented by the National Center for Lesbian Rights, Lambda Legal, and the ACLU) to the state's Supreme Court.

Massachusetts Gov. Patrick Orders 26 Gay Marriages Recorded

I recently learned about "anti-miscegenation" (from Latin miscere - "to mix" - not "misogynation") laws and got some new and interesting perspectives on why gay marriage is not yet nationalized. This may help it along.

From Towleroad:

Reversing an order by former Governor Mitt Romney that blocked the state from officially recording 26 gay marriages by out-of-state couples, Governor Deval Patrick has told the Department of Public Health to put them on the books.

...

Patrick's decision was criticized by Romney's spokesman, Eric Fehrnstrom: "It was Governor Romney's enforcement of this law that stopped gay marriage from being visited on every other state in the country. Now that Governor Romney is out of office, we are seeing an erosion of the previously strong defense of traditional marriage coming out of the executive branch."

A 1913 law prohibits out of state couples from marrying in Massachusetts if the couple's home state does not recognize the union as legal. In February, Rhode Island Attorney General Patrick Lynch issued a directive indicating that same-sex marriages made in Massachusetts would be recognized in that state.

Thursday, March 29, 2007

Bill to Ban Gay Marriage Defeated in New Hampshire

Legalized Homophobia Defeated in New Hampshire from Towleroad:

By a vote of 233-124, the New Hampshire House yesterday voted down a bill that would have defined marriage in that state as between a man and a woman:

"Chester Democrat Charlotte Lister said she was puzzled why same-sex marriage opponents "went to all the trouble" of trying to amend the state constitution. Lister counts herself among the people who do not see why granting legal status to same-sex unions will harm anyone else.

'We're all very sure the real issue here is homosexuals,' Lister said. She was one of few Rockingham County lawmakers who voted to defeat the ban on gay marriage."

Another bill, which has passed a House committee and would legalize civil unions in the state, is expected to come before the House next week.


I really must say, New Hampshire???? Come on, the state next to it is Vermont! The first state to adopt civil unions! It's motto is "Live Free or Die!" Well, at least that stupid bill was defeated. Stupid homophobes.

Tuesday, March 27, 2007

Crowd Packs Indiana Statehouse to Oppose Gay Marriage

Over 1,000 people jammed the Indiana statehouse today to support an amendment that would ban gay marriage, according to the South Bend Tribune.

Saturday, March 24, 2007

N.M. keeps partner bill alive

Governor Bill Richardson calls lawmakers back into special session to vote on crucial bills, including domestic partnerships for gay New Mexicans.

Read More

In more enlightened news: New Mexico Is One Step Closer to Domestic Partnerships

After a VERY late night the house voted to pass HB 4 the Domestic Partners Rights and Responsibilites Act.

Now it is up to the Senate and we're not sure if they will again merely vote to adjourn, or follow the House's lead in getting the few pieces of legislation passed that are on the Governor's call.

In the meantime, EQNM has launched one last online campaign to try to convince the Senators to support this legislation. We need as many people as possible to send letters to their legislators asking them to support the Domestic Partner Rights and Responsibilities Act. Please click on the campaign below and send a letter to your Senator, and please use the Tell-A-Friend feature and ask all of your friends and neighbors to take action.

CLICK BELOW TO SEND A LETTER TO YOUR SENATOR ASKING THEM TO SUPPORT THE DOMESTIC PARTNER RIGHTS AND RESPONSIBILITIES ACT
TAKE ACTION!

South Carolina State Constitution Now Officially Bans Gay Marriage

The constitution now reads "a marriage between one man and one woman is the only lawful domestic union that shall be valid or recognized in this state."

read more | digg story

Wednesday, March 21, 2007

Church of Sweden OK with gay weddings

The Church of Sweden has announced it will perform gay wedding ceremonies if the Swedish parliament changes the current legislation to include same-sex marriage. The church already performs blessings of civil unions. ... 71 percent of Swedes approve of same-sex marriage. 51 percent of Swedes approve of adoption for same-sex couples.

read more | digg story