RA-news

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Newsletter of the Rainbow Alliance at the University of Florida February 2004, Vol. 2, No. 5 Next Rainbow Alliance Dinner Meeting, Wednesday, February 11, 2004, 6:30 pm, at Carrabba's on 34th Street, just south of Archer Road. Other Dates to Remember: February 12, 2004 - Freedom to Marry Day (see story below) The Rainbow Alliance is the staff and faculty organization at the University of Florida concerned with matters related to sexual orientation and gender identity. RA welcomes all members of the University community who share its goals.

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Contents First Words Human Rights are for All Humans Features Local Speak Out for Same-Sex Marriage Rights Award-Winning Film To Be Screened in Gainesville Discrimination Lawsuit against UF Settled State Florida's Gay Adoption Ban Upheld by 11th Circuit Court National Massachusetts Top Court Says Full Marriage for Gays Bill in US Congress to Keep Foreign Same-Sex Partners Together UN Resolution Seeks to Add Sexual Orientation to International Human Rights Standard Departments Update on RA Projects Contributing to the Rainbow Alliance Fund Resources How To Join Rainbow Alliance Contributors to This Issue of RA-News

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First Words Human Rights are for All Humans February is a good month for a human rights debate. As we celebrate Black History month, we are reminded of one of the greatest blind spots in the establishment of our country -- the decision that certain persons in the United States could be considered less than full persons. Many of the Framers of the Constitution knew that slavery was wrong, but they could not defeat it politically. Inequality was a tradition and the basis of an economic system. This festering wound in our national integrity gave us our deadliest war, and almost 150 years later, there is still much work to do. In his campaign for president, the Rev. Al Sharpton has said that we must not believe that the Civil Rights Movement is finished. When he speaks on this issue, Sharpton says that racism in America has changed. It has become more institutionalized and is harder to trace. He believes that the federal government must continue to play an affirmative, progressive role in the fight for a level playing field. One might say that human rights can be compromised by states' rights. It is true that progress has been made, but we must not lose our perspective. It is not yet 150 years since slavery became illegal, not yet 50 since Rosa Parks refused to sit at the back of a bus, and not even 40 since it became legal in all 50 states for black Americans to marry white Americans. Not very long ago in many ways, and in the South, it seems even more recent. The battle for emancipation began over 200 years ago in Europe. It was fought nation by nation, and tended to proceed in two stages: first, the abolition of slave trade, which eliminated the supply of slaves, and second, the emancipation of slaves. Denmark was the first European nation, in 1792, to abolish slave trade, followed in 1807 by Great Britain, the country that had basically invented the Transatlantic Slave Trade. The US ended slave trade in 1808. In general, it was 50-60 years from the time various nations abolished slave trade until emancipation. Within the United States, the first state to abolish slavery was Vermont, in 1777 in the first state constitution. By 1865, almost 20 states had abolished slavery, however, not necessarily with full emancipation of slaves. These early abolishers reduced slavery in stages, so that the US Census registered slaves in these states up to 1860. A paragraph with a few dates gives only a hint of the political battle and the decades of activity that were required to bring about these changes. Beyond that story, would be the suffering of the Africans themselves, from the predation of their communities and homes in terrifying and deadly raids, through the shipment to the Europe and the colonies of the "New World" under atrocious conditions, to the years of endless, enforced labor. Add to this all the consequences of the denial of freedom and relegation to less than fully human status in many cases -- the scale of this injustice in the modern world is incalculable. Of course, slavery is not the whole story. Discrimination based on race is a deep part of our culture, and it is perpetuated through media, popular culture, and institutions. Race discrimination has become gently folded into the class struggle that Americans seem to have no language or stomach for. Perhaps we are afraid that even using the expression "class struggle" would automatically make us Marxists. The general collapse and discrediting of Communism should make it safer to have this discussion, but in the general affirmation of "free market democracy" with all its enticements, that discussion seems farther away. This is just an editorial and cannot do justice to a subject that deserves volumes. Suffice it to say that the 200-year campaign against one of the greatest injustices in history has much to teach those who continue the battle for human rights. This battle includes attaining full human rights for lesbian, gay, bisexual and trangender people. There are reasons not to compare the fight against slavery and racial discrimination to the battle for LGBT rights, but there are comparisons -- and powerful lessons to learn. One is that with continued efforts, victories are assured, not because of political power, but because of the underlying justice of the cause. Another is that national victories will take time and could come through a series of unsatisying compromises. The brilliance of our democracy is that it continues to seek out and affirm principles of justice, but as always these must be realized through a political filter. LGBT people have more freedom than ever in the United States. We should enjoy and celebrate that freedom. We must also be politically informed and culturally attuned. Additional freedom makes the limitations on that freedom stand out even more starkly, and we must be patient without being complacent. Black History month is now a standard feature of the calendar. We expect the public service announcements about the contributions of black Americans and the television specials. Don't take them for granted. The very fact of them is the celebration of great victories, and they have much to teach. Learn more about the continuing battle against slavery at iAbolish Visit the National Black History Museum Web site. Read more about LGBT rights. Google "gay rights" and stand back! [top]

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Features

Speak Out for Same-Sex Marriage Rights Pride Student Union will be holding a Speakout on Thursday, February 12th in celebration of Freedom to Marry Day. The event will be from 11am - 2pm in the Plaza of the Americas. Our speakers will include Gainesville City Commissioner Craig Lowe, Gainesville Mayor Candidate Pegeen Hanrahan and Wayne Besen and a few others. Mr. Besen authored Anything But Straight, which is a book about the ex-gay ministries and reparative therapy. He also was the spokesperson for Human Rights Campaign for several years. We will also have a table to write letters to our legislative representatives. More about Freedom to Marry Day (Lambda Legal) More About Anything But Straight [top]

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Award-Winning Film To Be Screened in Gainesville The 2003 award-winning Israeli Film "Yossi and Jagger" about a closested gay couple in the Israeli Defense Forces is coming to Gainesville for a one-time showing at the Reitz Union Auditorium on Tuesday February 24, 2004 at 8:00pm. The event is free and open to the public and sponsored by the Jewish Student Union and the Pride Student Union. Please take advantage of this one-time opportunity to a see a film that only appeared in major cities across the United States and highlights some of the fears and problems that gays in the military face. More about Yossi and Jagger [top]

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Discrimination Lawsuit against UF Settled In Spring 2003, former UF varsity softball player Andrea Zimbardi filed a lawsuit against the University of Florida and the Athletic Association. Zimbardi claimed that she had been dismissed from the women's softball team based on her sexual orientation. She cited the hostility of two of her coaches who, she claimed, renounced homosexuality, "outed" opposing lesbian players and coaches, stopped informing Zimbardi of team functions and, in one coach's case, imposed religious beliefs on the players. There is no money involved, but UF has agreed to changes in its nondiscrimination policy and training for athletic staff and athletes. The first training session has already been held with with top athletic administrators. As part of the agreement, Florida will include sexual orientation in its annual nondiscrimination staff training; amend its nondiscrimination materials to include sexual orientation, create a method in which student-athletes can report alleged violations of discrimination and develop guidelines on prayer during practices or athletic events. According to Karen Doering of the National Center for Lesbian Rights, "[UF] did not admit liability and continue to deny that [Zimbardi] was released for anything regarding her sexual orientation, but they did recognize the larger issue of homophobia in sports and the impact it can have on student athletes. One of the things Andrea was insistent on was if we're going to resolve this suit, it was very important to her that the school implement training and so forth to help ensure that other athletes be judged based on their skills and abilities rather than their sexuality. It is a satisfactory conclusion." Doering also said, "I am really impressed with how the university has addressed this situation. UF. has demonstrated its commitment to ensuring that all student athletes are treated fairly. Its new policies and training program are a model for other universities on how to effectively address allegations of homophobia and help prevent such incidents from occurring." Zimbardi stated, "I am thrilled that we have reached an agreement that will enable us to put this all behind us. My goal from the very beginning has been to help ensure that other gay and lesbian athletes at UF. feel welcome, accepted, and judged solely on their talent. I love UF. and am more proud than ever to be a Gator." Read more: The Advocate story The Rainbow Network story [top]

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Florida's Gay Adoption Ban Upheld by 11th Circuit Court The 11th Circuit court, in a ruling written by Judge Stanley Birch, turned down a challenge to the 1977 law filed by four gay men seeking to adopt children they are raising. "We exercise great caution when asked to take sides in an ongoing public policy debate, such as the current one over the compatibility of homosexual conduct with the duties of adoptive parenthood," Birch wrote. "The state of Florida has made the determination that it is not in the best interests of its displaced children to be adopted by individuals who 'engage in current, voluntary homosexual activity' and we have found nothing in the Constitution that forbids this policy judgment." Governor Jeb Bush stated that he was "pleased" with the decision. Florida argued that the state has a right to legislate its "moral disapproval of homosexuality" and its belief that children need married parents for healthy development." "In such homes, children have the best chance to develop optimally, due to the vital role dual-gender parenting plays in shaping sexual and gender identity and in providing heterosexual role modeling," the state said. The American Civil Liberties Union, which represents the gay couples, argued that Florida has allowed couples with drug and alcohol problems or histories of domestic violence to adopt children. Florida judges also allow some gay couples to become a child's permanent legal guardians, the group noted. "Given the state's frank acknowledgement that lesbians and gay men pose no risk of harm to children, and its willingness to place children with lesbians and gay men permanently, it is impossible to credit the idea that the ban was adopted to promote child welfare," the ACLU said. "The only purpose the ban could possibly serve is the forbidden one: expressing the state's disapproval of lesbians and gay men." It is estimated that as many as 9 million children in the U.S. have at least one gay parent. Nationwide, 11 states and the District of Columbia have passed laws or had appellate court rulings allowing same-sex couples to adopt children. Almost half of all states permit second parent adoptions where a child has one gay parent. Read more: Let Him Stay Palm Beach Post story Human Rights Campaign story [top]

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Massachusetts Top Court Says Full Marriage for Gays On February 4, the Supreme Judicial Court of Massachusetts published an opinion clarifying that only full marriage rights for same-sex couples would be an acceptable solution under the state constitution. On May 15, 2004, it will be legal for same-sex couples to register for marriage licenses in Massachusetts. The court had decided last November in favor of several Massachusetts same-sex couples that had sued the state claiming that denial of marriage rights was unconstitutional. In their decision, the court instructed the legislature to find a solution to this problem within 180 days. The legislature in turn requested further clarification of the decision from the court. The state Senate had hoped that civil unions – as they have in Vermont – would be acceptable. The court specifically rejected civil unions, stating,"The dissimilitude between the terms `civil marriage' and `civil union' is not innocuous; it is a considered choice of language that reflects a demonstrable assigning of same-sex, largely homosexual, couples to second-class status." The opinion added: "For no rational reason the marriage laws of the Commonwealth discriminate against a defined class; no amount of tinkering with language will eradicate that stain." It also said: "Barred access to the protections, benefits and obligations of civil marriage, a person who enters into an intimate, exclusive union with another of the same sex is arbitrarily deprived of membership in one of our community's most rewarding and cherished institutions." The decision cannot be overturned by the Massachusetts Legislature, and it cannot be appealed to the US Supreme Court. Massachusetts lawmakers will hold a constitutional meeting on February 11 to consider an amendment that would legally define marriage as a union between one man and one woman. The process required to amend the Massachusetts constitution would take a minimum of three years. Thirty-eight states current prohibit same-sex unions of any kind. Ohio was the most recent added to the list. The Ohio measure bans same-sex unions and bars state agencies from giving benefits to both gay and heterosexual domestic partners. Outside the United States, Belgium, the Netherlands and some Canadian provinces have expanded their marriage laws to include same-sex couples. Vermont recognizes civil unions, which grant many of but not all the legal rights of marriage. California, Hawaii, New Jersey and more than 60 local governments have passed laws granting various rights to unmarried same-sex couples. Read more: The New York Times story Human Rights Campaign info page Take action: Sign the Human Rights Campaign's Million for Marriage petition [top]

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Bill Introduced in US Congress to Keep Foreign Same-Sex Partners Together The Permanent Partners Immigration Act (HR 832), now pending in Congress, would allow U.S. citizens and permanent residents to sponsor their same-sex partners for immigration. The bill would add the phrase "or permanent partner" to sections of immigration law giving immigration rights to legally married couples. According to some sources, thousands of "bi-national" couples are separated or live in fear of deportation because U.S. immigration law doesn't include them in its "established policy designed to keep families together." "Because of inequalities in our immigration laws, committed and loving relationships are ripped apart for purely discriminatory reasons," said Assemblywoman Lieber (D-CA). She said the Permanent Partners Immigration Act would establish "fair and humane immigration rights." As written, the PPIA defines a "permanent partner" as an individual 18 or older who is in a committed, intimate relationship with another individual 18 years or older in which both parties intend a lifelong commitment; is financially interdependent with that other person; is not married to or in a permanent partnership with anyone other than that other person; is unable to legally marry that other individual; and is not a first, second, or third degree blood relation of that other individual. The Permanent Partners Immigration Act was first introduced in the 106th Congress, in early 2001 -- before the Sept. 11 terror attacks -- by Rep. Jerrold Nadler (D-NY). It was reintroduced in the 107th Congress, and then again in the 108th Congress - and in each case, the bill was introduced in February, around Valentine's Day. "I think introducing a bill which aims to keep loving and committed relationships together is a perfect way to celebrate Valentines Day," said Rep. Nadler in a press release announcing the initial introduction of the bill. Read the Permanent Partners Immigration Act (HR 832) Read more: The Cybercast News Service story [top]

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UN Resolution Seeks to Add Sexual Orientation to International Human Rights Standard During March 15-April 25, the 60th session of the United Nations Commission on Human Rights (CHR) will consider a resolution concerning sexual orientation. The resolution spells out that abuses on the basis of sexual orientation are human rights violations. It recognizes the existence of sexual-orientation based discrimination around the world; affirms that such discrimination contravenes what has been established in major human rights instruments; and calls all governments to promote and protect the human rights of people, regardless of their sexual orientation. The resolution is significant because it is the first UN resolution to connect the full range of human rights to sexual orientation and to condemn discrimination against people because of their sexual orientation. Sexual orientation would effectively become part of the UN's Universal Declaration of Human Rights. This would provide activists with an additional tool in opposing discriminatory legislation. It would also be the basis for calls to all member states to prevent violence – whether legally based or not – against persons on the basis of their sexual orientation. It would strengthen asylum claims based on persecution due to sexual orientation as it strengthens the call to state obligations to protect against such persecution The resolution was first introduced in 2003 by the Brazilian declaration, which has been very active in including language about sexual orientation in United Nations actions. Debate was extensive, culminating in a decision to postpone discussion until the 2004 session. Inclusion of ‘gender identity' was also debated, but this additional language was left out of the final formulation of the resolution. Fifty-three nations will participate in the meeting of the CHR in Geneva. Key countries to target in for passage include South Africa – the only nation which protects sexual orientation in its constitution, India, Costa Rica and the United States. Text of the Resolution: PP1 - Reaffirming the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights, the International Convention on the Elimination of all Forms of Racial Discrimination, the Convention on the Elimination of all Forms of Discrimination Against Women, the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, and the Convention on the Rights of the Child, PP2 - Recalling that recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world, PP3 - Reaffirming that the Universal Declaration of Human Rights affirms the fundamental principle of the inadmissibility of discrimination and proclaims that all human beings are born free and equal in dignity and rights and that everyone is entitled to the enjoyment of all rights and freedoms set forth therein without distinction of any kind, PP4 -Affirming that human rights education is a key to changing attitudes and behavior and to promoting respect for diversity in society, OP1 - Expresses deep concern at the occurrence of violations of human rights all over the world against persons on the grounds of their sexual orientation; OP2 - Stresses that human rights and fundamental freedoms are the birthright of all human beings, that the universal nature of these rights and freedoms is beyond question and that the enjoyment of such rights and freedoms should not be hindered in any way on the grounds of sexual orientation; OP3- Calls upon all States to promote and protect the human right of all persons regardless of their sexual orientation; OP4- Notes the attention given to human rights violations on grounds of sexual orientation by the special procedures in their reports to the CHR, as well as the treaty monitoring bodies, and encourages all special procedures of the CHR, within their mandates, to give due attention to the subject; OP5 - Requests the High Commissioner for Human Rights to pay due attention to violations of human rights on the grounds of sexual orientation; OP6 - Decides to continue consideration of the matter at its sixtieth session under the same agenda item. Read more and take action at Common Dreams More about the International Gay and Lesbian Human Rights Commission [top]

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Departments

February 2004 Update on Rainbow Alliance Plans If you haven't had a chance to attend a dinner, it might be difficult to keep up with the progress of 2003 projects. We'll try to keep you current with a monthly update. 1) Rainbow Alliance Fund at the University of Florida Foundation The Fund (established March 2003) is the only one of its kind at the UF Foundation specifically dedicated to the support of the LGBT community at UF. The Fund needs continuing support if we are to realize our goals. As always, details about contributing to the Rainbow Alliance Fund can be found at the end of the newsletter. Details about payroll deduction will be e-mailed to RA members soon. 2) Work will continue to identify LGBTA alumni. We have been working with Pride Student Union on this. 3) Of course, we'll continue our monthly dinners. We hope to see you there! 4) We're working on outreach to LGBT faculty and staff at other universities and junior colleges in Florida. If you have any contacts who would like to be on the Rainbow Alliance mailing list, please send them to cbrown@agen.ufl.edu. We're very interested in what is going on on other campuses. Maybe we can support and help each other. 5) We are in the process of appointing a governing board as described in the bylaws. The governing board will provide oversight and guidance for Rainbow Alliance and the Rainbow Alliance Fund. 6) Rainbow Alliance depends on the efforts of dedicated volunteers. A little of your time could go a long way. Get involved. Make a difference. [top]