RA-news

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Newsletter of the Rainbow Alliance at the University of Florida December 2004, Vol. 3, No. 3 Special Note: Your help is needed. Please contribute to the Rainbow Alliance Fund. Next Rainbow Alliance Dinner Meeting, Wednesday, Deember 8, 2004, 6:30 pm, at Emiliano's Restaurant in downtown Gainesville. Also note this upcoming event: Dr. Phyllis Meek will speak on the topic  "Where We Have Come From and Where We Are" about the political climate affecting LGBT persons in the state of Florida. This talk will be given on Sunday, December 12, beginning with a potluck dinner at 6:30 pm. The event is hosted by Interweave at the Unitarian Universalist Church, 4225 NW 34th Street. For additional information contact Joyce Dewsbury at 378-3883. 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 -- Not the Worst THing Features Court Ruling against Military Based on LGBT Discrimination Your Help is Needed: Please Contribute the Rainbow Alliance Fund Methodist Church Defrocks Lesbian Minister Naval Academy Rejects Bid for Gay Alumni Group Supreme Court Declines to Rule on Massachusetts Marriages First Fallout from Michigan Amendment 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 Not the Worst Thing Oscar Wilde once said, "There is only one thing in the world worse than being talked about, and that is not being talked about." So the good news is that gays and lesbians are being talked about everywhere. Tremendous progress has been made in the last few years, and more corporations, institutions and municipalities are adding sexual orientation protections and partner benefits. The more visible LGBT people are, the easier it is for their friends, neighbors, family members, supervisors, administrators, and so on, to understand how simple the issue of "gay rights" really is. There continuing progress at the local level, and it is just a question of time until this translates into advances at the state and federal levels. It might be more appropriate to say a "matter of timing." Some commentators have suggested that the "gay marriage" issue was brought up prematurely, before the American public was adequately prepared. They see the situation as similar to the one faced early in the Clinton administration when "gays in the military" was raised by conservatives as a weapon against the new president. The result was the compromise policy of Don't Ask, Don't Tell. That is a possible outcome for same-sex marriage rights, and the compromise is called civil unions. Civil unions are not necessarily bad, although the range of rights offered would vary considerably from state to state, and relationships would not have to be honored across state lines. Civil unions could be an important stepping stone to full marriage rights – and the part that plays in full equality. And after all, that's what this battle is about – equality. Sometimes it's hard to tell what the goal is, and sometimes it's easy to ask how much LGBT people really need. Are we pushing to hard? Is there really that much discrimination? If there is any doubt about these questions, one only has to listen to the public debate which are founded either on gay stereotypes or personal religious beliefs or political expediency (often masquerading as a kind of personal morality). I like Jon Stewart's position: "I was completely opposed to gay marriage... until I realized it wouldn't be compulsory!" Maybe the fake news has it right: The issue of gay equality comes down to personal fears. How to overcome people's fears? That brings us back to local victories. That seems to be where the battle is going best. And for LGBT individuals, that's where the battle can be the hardest, because it involves coming out, it involves making the case, it involves standing up for your rights. On a national level, the debate is mostly about labels and symbols. Among the most prominent of these labels in the popular press is "gay marriage" and in the conservative media "homosexual agenda." The symbol employed by conservatives is the image of America''s foundational institutions being undermined or controlled by the "homosexual lobby." But on a local level, the debate is about people we know and care about. Regardless of the setbacks, LGBT people and their allies must press ahead — person-by-person, jobsite-by-jobsite. Take a moment and consider your personal activism. Every organization you support, every meeting you attend, every person you are out to, every conversation you have, every dollar you contribute, every mile you run or ride for a cause — every one of these things makes a difference. [top]

Features

Court Ruling against Military Based on LGBT Discrimination The 3rd Circuit Court of Appeals in Philadelphia handed down a decision blocking the right of the federal government to deny funding to colleges or universities that prohibit recruiting. The law that gives the Defense Department this right is called the Solomon Amendment. The Solomon Act was passed in 1996 and gives the Secretary of Defense the authority to deny federal funds to institutions of higher learning that do not permit ROTC to operate or recruit on their campuses. In Fall 2003, faculty from a number of law schools, including Yale, Stanford, Georgetown and New York Universities and the University of Southern California, have joined together in a lawsuit that claims the Solomon Amendment violates the First Amendment rights of the schools. Suits have also been filed by individual institutions. Yale in particular had challenged military access to its career center on the grounds that the U.S. military discriminates against gays and lesbians through its Don''t Ask, Don''t Tell policy. Yale requires all prospective employers to support its anti-discrimination in order to have access to its students. In response, the Department of Defense threatened to withhold $300 million in funding from Yale programs. Yale was forced to suspend its anti-discrimination policy. A similar series of events occurred at other colleges, including Harvard and Stanford. The suit called for the federal government to be blocked from implementing the policy and denying funds. The case was filed in a U.S. District Court of Appeals in New Jersey, but the court refused to issue the injunction. The plaintiffs appealed to the Third Circuit Court of Appeals in Philadelphia, where a three-judge panel voted 2-1 to reverse the lower court ruling on November 29, 2004 and imposed the block. The Defense Department criticized the decision but did not indicate any immediate plans to appeal. The decision applies to all institutions of higher learning in the U.S. A Justice Department statement also disagreed with the ruling, but indicated the department regarded the Solomon Amendment as constitutional and that they were considering all their options. The ruling was based on the U.S. Supreme Court''s decision in 2000 in which they held that the Boy Scouts of America have the right to exclude gay men from their clubs (Boy Scouts of America v. Dale). The judges in the majority reasoned that if the Boy Scouts could legitimately exclude homosexuals based on their beliefs, then other groups could enforce anti-discrimination on the same basis. If the decision is not appealed, or if it survives an appeal, the Solomon Amendment would effectively be dead. An extension of the Solomon Amendment was passed in the House of Representatives in 2003, but the Senate has not taken up the measure. Read the amendment: <http://www.yalerotc.org/Solomon.html> Background on Don''t Ask, Don''t Tell: <http://www.law.georgetown.edu/solomon/Background.html> [top]

Your Help Is Needed: Please Contribute to the Rainbow Alliance Fund The Rainbow Alliance Fund is a special account in the University of Florida Foundation that is dedicated to the support of the LGBT environment at the University of Florida. Contributions to the Fund are tax-deductible. It is easy for UF staff and faculty to give by payroll deduction. You can set up payroll for as little as $5 per month. It's painless and adds up to $125 a year. The more you give, the faster the fund will grow. We're making rapid progress at UF right now, and we need to take the fund very seriously to prepare for upcoming opportunities. Currently, we have two major goals for the Fund. The first is to support the annual Rainbow Alliance Awards for LGBT Service/Research, which are given to students based on a competitive application process. Winners of this award have done oustanding research, LGBT programming, and organization. The second is to build the fund up to more than $20,000 so we can work to create an endowed fund. An endowed fund earns money and multiplies your contribution. Eventually, we hope the fund will help support a resource/studies center, scholarships, and special media collections -- everything needed to create a vital LGBT environment. We're looking to make a statement to the Foundation, to the University, and to ourselves about the LGBT community and its dedication to its own goals. How to Contribute [top]

Methodist Church Defrocks Lesbian Minister The Rev. Irene Elizabeth Stroud, 34, was an associate pastor at Philadelphia's First United Methodist Church of Germantown. On December 3, a 13-member jury convicted Stroud of violating the church's laws against "self-avowed practicing homosexuals" in the ministry. The jury also voted that Stroud must give up her position in the church. The verdict was the culmination o a process that began last year when Stroud announced to her church and her bishop that she was a lesbian and that she was in a committed relationship. The Methodist church is one of several Christian denominations that are trying to resolve issues of homosexuality and the church. As doctrine has evolved over the last fifty years, gays and lesbians have found greater and greater acceptance in some denominations, but barriers remain. The Episcopal church and its parent organization, the Anglican Communion, are still shaken after last year''s confirmation of Gene Robinson as the first openly gay bishop in the international organization. Stroud stated that she had never expected to win. A similar case early last year led to a tightening of the church's laws, making Stroud''s fate more certain. Added to that, the judge in the case refused to allow witnesses to testify that the church's position violated its own laws. Stroud's congregation is very supportive and is eager for her to return and continue to worship and work with them. Stroud's case is likely to sharpen the continuing debate in the Methodist church. [top]

Naval Academy Rejects Bid for Gay Alumni Group Jeff Petrie and 31 other former Navy and Marine officers joined together to form an organization called "USNA Out" –– all gay graduates of the Naval Academy. They petitioned the Academy to be recognized as an official alumni group in 2003. The Academy rejected their application stating that it does not support special interest alumni groups, only groups based on geography. Petrie, now representing a membership of 66, reapplied this year with a new name for the group –– The Castro Club. Named for the famous gay district in San Francisco, Petrie felt that the new name would give the group the geographic focus it had lacked. Also, some members of the group are not gay, thus widening its appeal. Nevertheless, the application was rejected once again. Petrie used the example of the club for alumni who drive recreational vehicles (RV) to prove that the Academy does permit special interest clubs. The Academy responded that it permits the RV club only because the constant traveling of these individuals makes it impossible for them to be a part of a club with a fixed location. Petrtie's goals for the group include supporting gay former military and sending a message of support to current midshipman at the Academy. The Castro Club helps current students to know that others have been there. [top]

Supreme Court Declines to Rule on Massachusetts Marriages The same-sex marriages of over 3000 Massachusetts citizens are safe for the time being. On November 29, the Supreme Court refused without comment to hear a case brought against the Massachusetts law permitting same-sex marriages. This was the second time the Court refused to get involved with the Massachusetts decision; last may they refused to stop the issuing of licenses. The Court''s action ends the legal action against gays and lesbians in Massachusetts, but the move to draft a constitutional amendment in Massachusetts and nationally remains alive, if not thriving. The lack of comment means no precedent is set, and the state-by-state battle over same-sex marriage will continue. The suit was filed by the Liberty Counsel, a Florida-based conservative group. The basis of the suit was the unusual claim that the action of "activist judges" on Massachusetts'' Supreme Judicial Court violated the U.S. Constitution''s requirement of a republican form of government in each state. The Liberty Council is at work in a number of states promoting amendments which would ban same-sex marriage. On the other side of the issue, the Lambda Legal Defense fund has filed suits in several states —— California, New Jersey, New York and Washington —— on behalf of same-sex couples seeking marriage rights. Polls continue to indicate general opposition among the American public to same-sex marriage by a margin of 60% to 30%. When asked about civil unions, public opinion was almost evenly divided. More details: <http://abcnews.go.com/Politics/wireStory?id=290129> [top]

First Fallout from Michigan Amendment The governor of Michigan, Jennifer Granholm, has reportedly decided to remove domestic partner benefits for same-sex couples from union contracts scheduled for approval on December 15. The basis for this decision is the recent passage in Michigan of an amendment to the state constitution defining marriage as between one man and one woman and banning "similar unions for any purpose." In her re-election bid two years ago, Granholm stated that she was in favor of domestic partner benefits and civil unions for same-sex couples. Republicans in the state legislature have been calling on Granholm to eliminate the domestic partner provisions in the union contracts. [top]

Departments

December 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 2004 projects. We'll try to keep you current with a monthly update. 1) Rainbow Alliance Fund at the University of Florida Foundation Your help is needed to build the fund! 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 in this newsletter. 2) Alumni So much is going on in this area! Please encourage LGBT alumni to contact Rainbow Alliance to be added to the alumni mailing list. Also, we're working with other campus groups on the a special event to be held for LGBT alums at Homecoming 2005! 3) Reception in January for New Staff and Faculty We're planning a special event to welcome new staff and faculty. More details in the near future! [top]