Same Sex Divorce has to be just as Equal as Marrige

A same-sex couple who fought for the right to marry in Austin, Texas, now are split on the right to legally end their relationship, lawyers say.

Before we get further into this story, this is the same stuff I've been bringing to you and discussing for an entire year now. EQUALITY IS NOT A DAGGER WE CAN USE TO GET WHAT WE WANT AT ALL COST...ONLY THEN TO TURN OUR BACKS ON IT ALL TO GET OUT OF WHAT WE ONCE THOUGHT WE WANTED. It is a shame and it tharts the entire "equality" argument.

It says the GLBT Community will say and do just about anything to get what they want, i.e. Same Sex Marriage, Adoption Rights, Employer Benefits, Universal HealthCare and etc. It says the GLBT Community further confirms its opponents stance as unstable.

Five years after marrying in Massachusetts, Angelique Naylor's spouse is contesting the split, arguing that since Texas doesn't recognize same-sex marriage, the dissolution shouldn't be recognized either, KXAN-TV, Austin, reported. So now, it is apparently easier to use the states lack of equality for her benefit. Amazing!

"It's not about special rights," Naylor said of her desire to end the union. "It's about equal rights. I want my divorce like the 15 divorce cases that I witnessed today between men and women."

Anne Wynne, a family law expert and equal rights activist, said the decision Texas judges make in Naylor's case and others will have major repercussions for the state, the television station reported Thursday.

"It has huge implications," Wynne said. "It means they get treated like every other citizen in this state."

In a statement on Naylor's case, state Attorney General Greg Abbott said his office would be monitoring the proceedings and "if necessary, take appropriate steps to defend the Texas Constitution."

Since Texas doesn't recognize same-sex marriage or same-sex divorce, Abbott said the proper legal mechanism is "voidance," or voiding their out-of-state. How "equal" or fair is that to those who are not gay? Why don't we just permit everyone in the union to "void" out their responsibilities? This pushes the rights for gay adoption further into an abyss and therefore provides a shot in the arm for all GLBT adversaries. Amazing.

So now, will we finally have a real discussion on Equality? Can we now come to terms on how we need to grasp this message and use it for all americans, not just the gay citizens. Only then with this fight yield positive results both here and abroad.

Honduras Leadership Needs to act to prevent further HIV Murders...

The killing of an HIV/AIDS outreach worker on December 14, 2009, is part of a pattern of violence against lesbian, gay, bisexual, and transgender (LGBT) people in Honduras that seems to have accelerated in the turbulent months since the June 28 coup, Human Rights Watch said today.

The organization called on Honduran judicial authorities to open full investigations of all the reported killings, and to provide human rights training for the police and the judiciary about sexual orientation and gender identity.

"The mounting violence against people who look or love differently in Honduras reflects a crisis of intolerance," said Juliana Cano Nieto, researcher in the Lesbian, Gay, Bisexual, and Transgender Rights Program at Human Rights Watch.

The latest attack was on Walter Orlando Trochez, 27, who had been active both in the LGBT movement and in political activity opposing the coup. He was shot in the chest by an unidentified person late on the night of December 14 in downtown Tegucigalpa, near the Central Church.

Indyra Mendoza of Cattrachas, a local lesbian organization, told Human Rights Watch that he managed to call his friends on his mobile phone after the shooting. When they arrived at the scene, an ambulance was taking Trochez to Hospital Escuela, where he died. An autopsy revealed that he died from one shot to the chest.

On December 5, Trochez reported to the Attorney General's Office that four armed men in civilian clothes attempted to kidnap him on the previous day. He said there had been a series of threats against his life on the grounds of his participation in the resistance movement.

"Walter used to go with me to recognize the bodies of our transgender friends when they were killed," Mendoza said. "Now I had to go on my own to identify his body."

Since June 28, the National Criminal Investigation Department in Tegucigalpa has documented at least seven killings of transgender and gay people in Honduras, including Trochez. Local LGBT advocates have asked the prosecutor's office for information about approximately nine more reported killings in the second largest city - San Pedro Sula and neighboring cities.

In "Not Worth a Penny: Human Rights Abuses against Transgender People in Honduras", a report released in May, Human Rights Watch documented the killing of 17 transgender women between 2005 and 2008.

In the report, Human Rights Watch called on Honduran authorities to:

•Repeal provisions of the Law on Police and Social Affairs that penalize public conduct on arbitrary and vaguely defined grounds. Authorities should send a clear message to all law enforcement institutions that violence against lesbian, gay, bisexual, and transgender people, will not be tolerated, the report said;
•Conduct independent, impartial, and effective investigations into the general phenomenon of homophobic and transphobic violence and into specific allegations of police brutality, extortion, and ill-treatment against LGBT people, leading to the identification and prosecution of the perpetrators;
•Enact legislation that provides specific protections on the grounds of sexual orientation, and gender identity and gender expression.

Nation's First Gay Mayor Elected in Major U.S City!

The landmark election Saturday of America's first big-city lesbian mayor in Houston represents more than just a milestone in identity politics.

It also signals an unmistakable evolutionary step in national politics, one that provides further evidence of a trend that helped make Barack Obama president: growth-oriented communities like the Texas metropolis, rather than aging big cities or nostalgia-inducing small towns, are setting the course of the country's political direction.

Houston is one of a set of fast-growing cities and expanding suburbs whose changing face and increasingly post-racial politics played a pivotal role in sending Obama to the White House. Their politics are defined by some of the same trends—notably, growing Hispanic and Asian populations and the rise of the service sector—that are shaping the nation as a whole.

But the election of Annise Parker in Houston makes clear that the Charlottes and Houstons are now at the forefront of American political change, while the shrinking and declining big cities of the Northeast and Rust Belt are bringing up the rear.

Other well known residents of Houston; not to mention, former Presidnet George H.W. Bush, and Barbara Bush participated in this weeks pivital election. Houston has already shown signs of a recognizable political shift. While the political math of deep-red Texas denied Houston a presidential visit, Obama’s campaign focused on similarly situated cities—places like Las Vegas, a hub of his Western campaign, with late-in-campaign stops added for Orlando, Fla., the Northern Virginia suburbs of Washington, D.C., Indianapolis and the Research Triangle of North Carolina.

"As people become more comfortable with ethnic diversity they also become more comfortable with sexual diversity," said Stephen Klineberg, a professor of Sociology at Rice University.

That tolerance, he noted, isn’t equivalent to across-the-board social liberalism. His research has found a dramatic increase in tolerance of homosexuality over the last decade in Houston even as the view that abortion is “immoral” grew slightly more widespread.

Yet the election of an out lesbian who made her name initially as a gay-rights activist, one who embraced her partner on stage on election night, nevertheless reveals a breakthrough in the country's march toward what could be called either tolerance or just plain apathy toward homosexuality.

Indeed, save for an 11th-hour flurry of mailers paid for by allies of Parker's opponent, Gene Locke, her sexual orientation mattered little in a race dominated by conventional municipal issues such as crime, jobs and education. What was remarkable about the contest was just how unremarkable the voters found it that Parker was a lesbian. And that's the equality we're always talking about. Nothing extra, just equal.

Should faith based organizations be required to render services outside of their faith?

Gay Marriage is heating up as well as fizzling all at the same time all over the country, actually. In Washington, D.C., if you didn't get the tweet earlier (twitter.com/familyblendz), the city council wanted to "broaden" an exemption that would protect businesses and organizations from discriminatory lawsuits filed by same sex couples for being denied business services.

One Councilmember, Yvette Alexander, wanted to go even further and prevent lawsuits toward individuals from same sex couples as well. But an attempt by those opposed to gay marriage to broaden those exceptions outside the church community has garnered meager council support. Alexander was rejected.

“Just as we’re protecting large institutions, we should ensure that individuals can be afforded the same liberties and protections,” said Alexander, who cast the five-member committee’s lone “no” vote, citing her ward’s “overwhelming” opposition to same-sex marriage.

The legislation to expand the provision was adopted Tuesday by the D.C. Council’s judiciary committee, provides that any religious society can deny a gay couple services, facilities, goods or accommodations related to their wedding without fear of liability.

Listen, my view on this is simple, regardless of my sexual preferences, life preferences, preferences, if you don't want to serve me, if you don't want my money because you think your religous beliefs are compromised? Ok. Familyblendz is always in support of policy that protects everybody. What I mean by that is this;how many people didn't want to serve muslims right after 9-11? Your fear caused that reaction. With Education, awareness, our perception of that changed.

As long as we are not saying that someone can just look at me and decide, "he must be gay, so um not going render my business services to him", as long as we are not condoning and making provision for discrimination in our governing, I'm okay with it.

If my desire to get married, affects your beliefs in your small bridal business, you should be required to inform me of that, and further, I should be required to accept that you are not comfortable with that. Come on guys, its not that hard to understand that everyone is not in support of our lifestyle. Their lack of support, I can live with, their discriminatory acts towards me and my family;I cannot accept.

“That shield of course would be an invitation to act on that discriminatory impulse,” said Ward 3 Councilwoman Mary Cheh.

In Bernalillo County, N.M., in 2006, photographer Elaine Huguenin refused to provide services for a gay couple’s commitment ceremony, citing her religious beliefs. The couple filed a sexual orientation discrimination complaint. The New Mexico Commission on Human Rights, after investigating, found the complaint justified and ordered Huguenin to pay attorney’s fees totaling $6,637.94.

The photographer has appealed to New Mexico’s 2nd District court. The lawsuit threatens to affect gay marriages, and who must participate in them, if it reaches the U.S. Supreme Court — where Huguenin’s lawyers have promised to take it.

Opponents of D.C.’s gay marriage bill argue the religious liberty exemption is too narrow. The Washington Archdiocese, for example, said in a statement that the legislation “leaves religious organizations and individuals at risk for adhering to the teachings of their faith.”

But the Rev. Dennis Wiley, pastor of D.C.’s Covenant Baptist Church and a gay marriage supporter, said the bill “clearly protects clergy who disagree with me about marriage equality while also standing by the tenants of inclusion” that the District is known for.

Rhode Island Gov denies Gays funeral planning for loved ones

Governor Carcieri has vetoed a bill giving domestic partners the right to claim the bodies of — and make funeral arrangements for — their loved ones.

The only one of the dueling defense-of-marriage, same-sex marriage and gay-rights bills introduced in Rhode Island this year that cleared the General Assembly, the legislation was an outgrowth of the wrenching tale that Mark S. Goldberg told lawmakers about his months-long battle last fall to persuade state authorities to release to him the body of his partner of 17 years, Ron Hanby, for cremation.

“I felt as if I was treated not as a second-class citizen, but as a noncitizen,” Goldberg told the Senate Judiciary Committee last winter, because “we were not legally married or blood relatives.”

In his veto message, Republican Carcieri said: “This bill represents a disturbing trend over the past few years of the incremental erosion of the principles surrounding traditional marriage, which is not the preferred way to approach this issue.

“If the General Assembly believes it would like to address the issue of domestic partnerships, it should place the issue on the ballot and let the people of the State of Rhode Island decide,” he wrote.

He took issue with the definition of a domestic partner as “a person who, prior to the decedent’s death, was in an exclusive, intimate and committed relationship with the decedent” for at least a year, saying a year “is not a sufficient duration to establish a serious bond between two individuals ... [relative to] issues regarding funeral arrangements, burial rights and disposal of human remains.”

He also questioned “how it would be ascertained in many circumstances whether [a couple] had been in a relationship for year” since there is “no official or recognized form” of domestic partnership agreement in Rhode Island.

Coming on a day when he vetoed more than two dozen bills passed during the legislature’s hectic two-day special session in late October, the veto of this bill unleashed a torrent of anger from gay-rights advocates.

Describing himself as “genuinely upset” by Carcieri’s actions, the House sponsor, Rep. David Segal, D-Providence, said: “I think the man is heartless … [this] doesn’t change the definition of the word ‘marriage.’ ” (Sen. Rhoda Perry sponsored the matching Senate bill.)

“It is completely disgraceful that Governor Carcieri has chosen to ignore and devalue the committed relationships of same-sex couples in this state,” said Karen Loewy, a staff attorney for GLAD, the acronym for Gay and Lesbian Advocates and Defenders. “Unconscionable,” echoed Kathy Kushnir, executive director of the advocacy group Marriage Equality of Rhode Island.

Big Wins for Gays in Detroit, FL and N.C-Not much Media!

Maine voters may have chosen to take marriage rights away from their neighbors, but not all was gloomy for LGBTs: three wins around the country brought victory to gay and lesbian politicians and their constituents.

In Chapel Hill, N.C., GLBT equality advocate Mark Kleinschmidt won as mayor against Matt Czajkowski and two others contenders, taking 49% of the overall vote, reported the Chapel Hill News on Nov. 4. Kleinschmidt’s victory marks the third time an openly gay candidate has won Chapel Hill’s mayoral office.

In St. Petersburg, Fla., the city council gained a new, and openly gay, member in the person of Steve Kornell, who won over Angela Rouson for the council’s District 5 seat with nearly 60% of the vote, making him the city’s first openly gay elected official. The seat became available when Jamie Bennett resigned to pursue a spot in the mayoral race, which was won by Bill Foster, reported a Nov. 4 St. Petersburg Times article posted at TampaBay.com, which noted that the town’s leaders have historically been opposed to Pride events there.

The article quoted Kornell as saying, "The thing about making history is fine. But this campaign was really about the future of St. Petersburg and that’s what I plan to focus on for the next four years."

Said Rouson, "I have no regrets.... I am very proud and pleased and we worked very hard. I’m proud of the folks who worked for me. We fought a good fight. District 5 couldn’t have lost no matter what the results were."

Outgoing mayor Rick Baker praised both candidates, saying that Rouson "ran a great race. But the guy she ran against is a good guy and ran a great race, too. Nothing to be ashamed about."

And Detroit elected openly gay former Fox News reporter Charles Pugh as city council president, reported a Nov. 3 article at the Detroit Free Press.

Said Pugh, "This is unbelievable... It means Detroit has really wanted change for a very long time."

In other elections, Washington voters seemed poised to uphold state provisions for same-sex families granting most of the same state-level rights and protections enjoyed by married heterosexuals, but not calling such unions marriage.

Gay Immigration Equality...or Unfairness? Let's stay focused!

The New York City Council passed a resolution Wednesday supporting a congressional bill to allow American citizens to sponsor their foreign-born, same-sex partners in the naturalization process.

The idea behind this goes kinda like this; Anyone who is not from the United States may be permitted to begin the Naturalization, or path to citizenship through their sponsorship or "partnering" up of their same sex significant other. Clearly, their are problems with this. You have to almost begin by wondering, "where do you start first with this one"?

First, this path has left a bitter taste with hetero couples. How many people or stories have you heard with someone from another country paying someone to marry them and live with them for 2yrs, federal law, so they could apply for citizenship? Those problems won't go away, they will only increase.

Gay Immigration sounds like a great idea, but I can't help but think "are we ready for this legal fight"? We very well may, but what a slippery slope that will be. I am one of those "americans" who are strong supporters of an even stronger immigration policy-to prevent illegals and undocumented workers from entering the country. Or even worse, to ensure terrorists are not allowed in through relaxed policies. So how can I be strong on immigration reform, but willing to relax those same policies for the GLBT community?

It almost goes against the 'Equality we are all fighting for. Well, that's my soap box. The resolution on the Uniting American Families Act of 2009 was passed within two weeks of being introduced. Eight people, including Immigration Equality executive director Rachel Tiven, testified to the Immigration Committee on September 29 in favor of the resolution.

Jerrold Nadler, a congressman representing parts of Brooklyn and Manhattan, is the leading sponsor of the House's version of the bill. Vermont's Patrick Leahy is the sponsor of the Senate's version.

Let's make sure, we don't allow politicians a free ride on their campaign pledges. What I mean is, they propose legislation that they know won't get passed, but they win a feather in their hats, simply because they proposed it. That shouldn't be enough. Mr. Leahy, I truly feel like this is one of those times. The Senate is no where close to relaxing immigration laws for hetero americans, they're definitely not considering relaxing these rules for the GLBT community.

Keep in mind, John McCain stayed closed in the run upto 'election '08 simply because he was able to rally the GOP around Immigration Reform. Let's keep our eye's on the ball folks...this dog won't hunt.

* This is a follow-up to my previous blog, "Equality Arrested?": President Barack Obama plans to address the nation’s largest gay rights group this weekend in an effort to mollify an uneasy Democratic constituency frustrated with the White House’s slow pace.Obama plans to address Saturday’s Human Rights Campaign fundraising dinner gala, the organization and the White House announced Monday afternoon.

"It is fitting that (Obama) will speak to our community on the night that we pay tribute to his friend and mentor Sen. Edward Kennedy, who knew that as president, Barack Obama would take on the unfinished business of this nation - equal rights" for the gay community and for "every person who believes in liberty and justice for all," said Human Rights Campaign President Joe Solmonese.

The dinner falls on the eve of the National Equality March, expected to draw thousands of gay and lesbian activists to the National Mall. Many have been critical of Obama’s slow pace on redeeming campaign promises to end a ban on gays and lesbians from serving openly in the military and pushing tough nondiscrimination policies."Eleven months after his election, he has failed to deliver on any of his commitments to gay Americans, but even worse has been his refusal to engage around these issues," said Richard Socarides, who advised President Bill Clinton’s administration on gay and lesbian policy."What he needs to do now is engage and deliver," said Socarides.

"Spend some of his political capital on ending the gay military ban, a hugely symbolic issue. And with no intellectually sound arguments left against it, come out squarely for gay marriage equality."Obama wasn’t likely to go that far, though, despite a rocky relationship with gay grass roots activists. He has taken a slow and incremental approach to the politically charged issues.

He has expanded some federal benefits to same-sex partners, but not health benefits or pension guarantees. He has allowed State Department employees to include their same-sex partners in certain embassy programs already available to opposite-sex spouses.But that remains far short of his campaign rhetoric."At its core, this issue is about who we are as Americans," Obama said a 2007 statement on gay issues.

"It’s about whether this nation is going to live up to its founding promise of equality by treating all its citizens with dignity and respect."Since then, he publicly has committed himself to repealing the "don’t ask, don’t tell" policy that allows gays and lesbians to serve in the military as long as they don’t disclose their sexual orientation or act on it.

On Jan. 9, Obama spokesman Robert Gibbs answered "yes" when asked whether the administration would end a policy that has seen the dismissal of more than 12,000 troops after their sexual orientation was revealed.But as president, Obama hasn’t taken any concrete steps urging Congress to rescind the Clinton-era policy that some former chairmen of the Joint Chiefs of Staff have acknowledged is flawed.

Yet the office of the current chairman, Adm. Mike Mullen, signed off on a journal article that called for lifting the ban, arguing that the military is forcing thousands of military members to live dishonest lives.Obama also pledged during the campaign to work for repeal of the Defense of Marriage Act, which limits how state, local and federal bodies can recognize partnerships and determine benefits. But lawyers in his administration defended the law in a court brief.

White House aides said they were only doing their jobs to back a law that was already on the books.Even before Obama took office, he disappointed gay and lesbian activists who objected to the invitation to evangelist Rev. Rick Warren’s participation in the inauguration despite Warren’s support for repealing gay marriage in California.

What's The Real Reason; Reid?

Well, Well, Well! So it comes out now that former president Clinton's "Don't Ask-Don't Tell" military policy for gay members of the United States military was both flawed and inconsiderate; never mind just being down-right incorrect judgement and poor government policy.

Well, today, Harry Reid, Senator from Nevada and currently serving as U.S. Senate Majority Leader said in a letter he wrote to both President Obama and Defense Secretary Gates, "At a time when we are fighting two wars, I do not believe we can afford to discharge any qualified individual who is willing to serve our country?"

This begs to question-What is the real reason "Don't Ask..." is coming under fire now? If I allowed myself to be skeptical for a minute, I would surmise that they are afraid of falling short of military personnel in our hot spots around the world. With Iran rearing its head, Pakistan functioning like a sobering junkie, and the balance of power still up for grabs following the recent Afghan election...digging out "Don't Ask..." maybe just the card to play.

Reid could also just be playing "Mr. Opportunistic" for a policy ultimately passed by the last Democratic president. Let's be honest, that's truly not what Bill Cllinton wanted to pass, but being in the first year of his presidency at the time, he had bigger eggs to fry and he couldn't afford to use all his political capital on a minor voting block, at that time.

With Equality back on the table and yet another, rather historical democratic president on the other end of Pennsylvania Avenue, the Capital Rotunda is poised to eat from the same plate yet again. As if the brewing Healthcare debate was not enough, President Obama is likely to do his part to assist Senator Reid by shuffling the deck, doling out a new hand and playing without the poker face.

Bill Clinton will finally get his victory, the GLBT Community will finally get its victory for equality on the front lines and the Dems will rally its voting base with one swoop of Obama's pen.

Regardless of the agenda, to reserve current troop numbers by removing "Don't Ask..." is the wrong choice. Do it because its the right thing to do Mr. Reid. Why haven't we looked at this before, Mr. Reid. How many careers have been lost, how many lives have been turned upside down and how many former servicemen live with that blemmish on their service records because of this invalid form of governmental policy?

Let's not stumble into righteousness Mr. Reid. Let's walk into justification, fairness and equality PROUDLY!

German chancellor Angela Merkel, who was reelected on Sunday, is expected to name out politician Guido Westerwelle as vice chancellor and foreign minister in her new administration, reports The New York Times. Let's get this right; a gay "Vice President"? Well, way to go Germany!

Westerwelle, 47, is the leader of the pro-business Free Democrats, which captured 14.6% of the vote on Sunday, posting the most significant gain of any political party. Merkel met with Westerwelle on Monday allegedly to negotiate the formation of a new center-right government that would partner the Free Democrats with Merkel’s Christian Democrats.Westerwelle has been out about his sexual orientation since 2004, when he took his partner, Michael Mronz, to Merkel’s 50th birthday celebration.

Mronz, an event manager, met Westerwelle in 2003, according to the German newspaper Bild.Westerwelle believes that Germany is becoming more accepting of gays and lesbians and hopes that the younger generation recognizes the progress. "I can only tell all young gays and lesbians to not be disheartened if not everything goes their way," Westerwelle told the Berlin gay magazine Siegessaeule.

"This society is changing for the good in the direction of tolerance and respect ... though slower than I would wish."Merkel expects the negotiations to move quickly and wants the new government formed by November 9, the commemoration of the 20th anniversary of the fall of the Berlin Wall.