RA-news

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Newsletter of the Rainbow Alliance at the University of Florida May 2005, Vol. 3, No. 8 Please contribute to the Rainbow Alliance Fund. Our next Rainbow Alliance dinner/meeting will be on Wednesday, May 11, at 6:30 pm at Texas Road House on Archer Road. Events to watch for: Throughout April -- Pride Awareness Month Activities (see story below) April 28 -- Lavender Graduation 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 -- The Power of an Example Features Lavender Graduation Honors LGBT Graduates Cross-Gender Caravan Comes to Gainesville FDA Rules Prohibits Gay Men from Acting as Sperm Donors Colorado Passes Antidiscrimination Law, Rejects Marriage Discrimination Amendment Connecticut Approves Same-Sex Civil Unions, Prohibits Same-Sex Marriage Microsoft Flip-Flop-Flip on Discrimination Law in Washington State Same-Sex Unions Take One Step Forward in California Spain Approves Bill to Legalize Same-Sex Marriage 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 The Power of an Example The battle over same-sex unions continues to move from state to state, and country to country. At the core of the conflict are acceptance of homosexuality as a normal feature of the human population, legal status of homosexuals, and the separation of church and state. These are big issues, and they are connected in different ways in different places. If we began an examination of the situation, where would we start? In the country where gays and lesbians experience the greatest tolerance, where they have the greatest legal protection, or in the most secular nation? We could begin in South Africa, which is the only country in the world which has a national constitutional protection for sexual minorities. Article 2 of the South African Constitution (adopted December 10, 1996) states: "The state may not unfairly discriminate directly or indirectly against anyone on one or more grounds, including race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth." Constitutional protection is certainly the highest legal protection that modern states can offer, and yet that is no guarantee of rights. In spite of the constitution, marriage regulations in South Africa continue to read "one man and one woman." So when two women married in 2002, the government refused to honor their union. The couple sued the government and they were defeated at the district level. They took their suit to the Supreme Court of South Africa, and in November 2004, the Court decided in their favor, ruling that marriage laws must be changed to read "two persons." Nevertheless, the court stayed its own decision to give the legislature time to act on its ruling. And legislatures can take time. To this date – almost ten years after attaining constitutional protection – same-sex unions are still not legal in South Africa. Subsaharan Africa is generally a very conservative place, especially regarding sexual minorities. Even as some Western branches of churches, such as the Episcopal Church, are beginning to accept same-sex unions, the African branch of these same churches remain conservative bastions of opposition. Also, in many parts of subsaharan Africa, there is a long history of associating homosexuality with negative forms of magic. When these facts are combined with the fact that South Africa was owned and operated for many decades by a highly conservative, religious white minority, how did sexual orientation protections become part of the South African Constitution? Generally, Apartheid created such an aversion to discrimination in any form, that when the new constitution was created in 1996, its framers had the goal of protecting South Africans from as many forms of oppression as they could identify. In many more developed nations, the incremental approach has often allowed the toleration of traditional and discriminatory practices. One of the most discriminatory of practices, slavery, was tolerated for almost a century after the words "all men are created equal" were written. And it took another 100 years, until every last legal strategy for discriminating against black Americans was outlawed in the Civil Rights Act of 1964. It would only be fair to say that the battle to end racism in America continues to this day, in spite of the Civil War, in spite of amendments to the Constitution, and in spite of numerous civil rights legislations. Similar parallels could be drawn in the area of women's rights. In all three cases, black Americans, women, and homosexuals, the ultimate goal of law has been the control of people's bodies, and where possible, direct interference with how people use their own bodies. The most effective tool for this control has always been through the creation and reinforcement of cultural norms that force minorities to internalize oppression and enforce upon themselves the majority's "code of ethics." If minorities take it upon themselves to "know their place," the majority will not be forced to take more drastic measures. But even when physical and legal methods of repression are not at work, the internalized oppression operates 24 hours a day, 7 days a week. You will read below about the newest states and countries to take steps to liberate lesbians and gays – Connecticut will join two other states, and Spain will join almost a dozen European nations where some form of same-sex union is possible. All things considered, the battle for equal rights for gays and lesbians in the 21st has proceeded with unusual speed, that may be because the 20th century exposed the power and hypocrisy of discrimination so dramatically. [top]

Features

Lavender Graduation Honors LGBT Graduates Several graduating UF students were honored at inspiring ceremonies held April 28 in the Reitz Union Ballroom. This event, "Lavender Graduation," has been held for three years running, at the end of spring semester. Friends and supporters of the graduates also attended, as did President Bernie Machen and his wife, Chris, dean for students, Gene Jdiarski, and vice president Mike Rollo. Among those graduating was Rainbow Alliance Award recipient Laura Heston (see RA-news for April 2005). Speakers at Lavender Graduation included Bernie Machen, Jeanna Mastrodicasa, and Mary Kay Schneider. Charles Brown spoke briefly to the graduates about Rainbow Alliance. The event was emceed and sponsored by Tamara Cohen, UF Director for LGBT Affairs. Attendees were entertained with a modern dance performance by Everlea Bryant. The event was closed with the singing of Kimball Hobbs, who accompanied herself on the guitar. Lavender Graduation joins special ceremonies held to honor graduates by many other groups on campus. [top]

Cross-Gender Caravan Comes to Gainesville On Tuesday, May 17 at 6:00 pm, the Pride Community Center of North Central Florida will host the Cross-Gender Caravan, a group of young transgender writers who tell their stories through fiction, essays and poetry. The group was originally formed by Tennessee Jones, whose first book, Deliver Me From Nowhere, received high critical praise. The book takes Bruce Springsteen's 1982 album as a point of departure, and Jones reimagines Springsteen's downbeat lyrics to create a series of 'starkly beautiful stories' that explore the innermost lives of characters from America's heartland. For the Caravan's Gainesville appearance, Jones is joined by Andre Hewitt and Emil Heiple. Hewitt writes a zine "The Urban Hermit," and his work focuses on countercultures, including hippies, punks, and 'kinky queer people.' Heiple who has recently completed a book, The Body of Loss, writes a fanzine Handjive. The Caravan has received some very enthusiastic reviews. The group is completing a series of appearances on the West Coast, and is working its way through Chicago, St. Louis, and Austin, among other stops on its way to Florida. More tour dates: www.softskull.com (Click on "Events") Read more: http://www.trannyroadshow.org/CrossGenderCaravan.html View a few photos: http://www.truthserum.org/images/2005.03.18_crossgender/ [top]

FDA Rule Prohibits Gay Men from Acting as Sperm Donors In 1999, the Food and Drug Administration (FDA) proposed a new set of guidelines for sperm donors. The FDA proposed adopting a 1984 CDC guideline that prohibits any man who has had sex with another man, so-called "MSM"s (i.e., Men who have Sex with Men), within the past five years from donating blood or tissue. Although many LGBT groups have requested the FDA to use a more rational standard, the guideline as proposed is scheduled to go into effect on May 25, 2005. LGBT groups have suggested that behavior rather than orientation would be a more reasonable standard for who should be eligible to donate sperm. These groups point out that regardless of a heterosexual man's high-risk behavior, he is not barred from donating, whereas a gay man who might be in a long-term, sexually exclusive relationship and is in excellent health would be barred from donating. Opponents of the guideline also point out that sperm can be effectively stored for later use permitting testing of donors at the time of donation and several months later to confirm their health status. [top]

Colorado Passes Antidiscrimination Law, Rejects Marriage Discrimination Amendment On Tuesday, May 4, the Colorado legislature passed Senate Bill 05-28, banning discrimination against gay, lesbian, bisexual and transgender employees. A House committee also struck down a proposed amendment to the Colorado Constitution that would deny marriage, along with other legal arrangements, to same-sex couples. Colorado has been the scene of some historic battles over LGBT rights. In 1992, Colorado voters approved Amendment 2 to the state constitution by a narrow margin (54% to 47%). Amendment 2 read: "Neither the State of Colorado, through any of its branches or departments, nor any of its agencies, political subdivisions, municipalities OR SCHOOL DISTRICTS [capitalization added] , shall enact, adopt, or enforce any statute, regulation, ordinance or policy whereby homosexual, lesbian, or bisexual orientation, conduct, practices or relationships shall constitute or otherwise be the basis of or entitle any person or class of persons to have or claim any minority status, quota preferences, protected status, or claim of discrimination." The amendment was eventually rejected by the United States Supreme Court in Romer v. Evans in 1996. The Amendment was proposed in an effort to prevent passage of the very bill which was just approved. Democrats in Colorado have worked for over a decade to get this bill passed, but prospects were improved when Democrats took control of both houses of the Colorado legislature -- for the first time in 40 years --in the 2004 election. A number of amendments were proposed which would permit dress codes in certain settings, thus effectively preventing transgendered persons from following their conversion from one gender to another. These amendments were defeated. Sixteen states and Washington, D.C., have laws that prohibit employment discrimination based on sexual orientation and six also prohibit gender identity-based discrimination, including Colorado neighbor New Mexico. [top]

Connecticut Approves Same-Sex Civil Unions, Prohibits Same-Sex Marriage On April 20, 2005, Republican Gov. M. Jodi Rell of Connecticut signed into law a bill that establishes civil unions for same-sex couples. Civil unions, similar to Vermont, carry many of the rights and privileges of marriage. However, and amendment to the same bill defines marriage as a union between a man and a woman. With this law, Connecticut joins Vermont and Massachusetts in providing a legal status to same-sex unions, but it is the first such law to be enacted without the compulsion of a court decision. There is a pending case in the Connecticut courts, but it has not been resolved. Neighboring state New Hampshire has established a commission to study the same-sex marriage issue. The commission was recently reactivated after many months of dormancy. The bill was passed by a strong margin in the Connecticut house a week earlier, but only after adding the amendment. The state Senate passed the bill by 26-8. The law takes effect on October 1. The bill has received criticism from both sides. Opponents of same-sex unions claim that over 3,000 rallied on Sunday, April 24 on the capitol steps in Hartford to protest the new law. Opponents plan to focus on the 2006 elections with hopes of obtaining a legislature that will ban civil unions. At the same time, gay rights advocates protested, claiming that the new law does not go far enough and that it makes gays and lesbians "second-hand citizens" in the eyes of marital law in Connecticut. "I have said all along that I believe in no discrimination of any kind, and I think that this bill accomplishes that, while at the same time preserving the traditional language that a marriage is between a man and a woman," Rell said. Anne Stanback, executive director of Loves Makes a Family, said her group would probably begin talking to lawmakers about gay marriage -- though she acknowledged it's not likely the issue will be taken up next session. "As important as the rights are, this is not yet equality," she said. [top]

Microsoft Flip-Flop-Flip on Discrimination Law in Washington State Washington State is considering a measure (HB 1515) that would prohibit discrimination on the basis of sexual orientation in areas such as housing and employment. A flap was raised in recent days when Microsoft -- a significant Washington employer which has corporate policies prohibiting sexual orientation discrimination -- quietly withdrew support for the bill. The withdrawal came in the time-frame of a meeting with the pastor of a local Seattle church who is prominent in his opposition to same-sex unions. In 1993, Microsoft was one of the first corporations to extend benefits to same-sex domestic partners of its employees, so its reversal with respect to the sate bill was seen as inconsistent, if not hypocrisy. Microsoft claimed that the meeting with the pastor had no connection to its decision. The reversal drew immediate criticism from gay rights groups and their supporters. Word began to spread through blogs considering a boycott of Microsoft goods. One group requested that Microsoft return a civil rights award. Because of Microsoft's importance, their decision was featured prominently in both liberal and conservative media. Boeing, Coors, Washington Mutual, Vulcan, and numerous other Washington employers endorsed HB 1515. The House passed the bill with a bipartisan vote of 61-37 before it failed in the Senate on April 21. Governor Gregoire had promised to sign the bill. Within days, Microsoft had reconsidered its position and stated that they would support adding sexual orientation to Washington State's antidiscrimination statute. Microsoft CEO Steve Ballmer told employees that management would publicly back such legislation in the future. Ballmer said he and Microsoft Chairman Bill Gates "personally support this legislation that would outlaw discrimination on the basis of sexual orientation. But that is my personal view, and I also know that many employees and shareholders would not agree with me." Boeing, Coors, Washington Mutual, Vulcan, and numerous other Washington employers endorsed HB 1515. The House passed the bill with a bipartisan vote of 61-37 before it failed in the Senate. Governor Gregoire has promised to sign the bill. Read the Bill. [top]

Same-Sex Unions Take One Step Forward in California On Tuesday, April 26, the judiciary committee of the California Assembly passed a measure that would amend the state's family code to define marriage as a union of "two persons." The measure was passed by 6-3 along party lines. Five years ago, 61% of California voters enacted a law (Proposition 22) by direct referendum which defines marriage as a union of one man and one woman. Because of this law, the status of the measure passed by the judiciary committee is ambiguous. The state constitution expressly prohibits the legislature from amending statutes enacted by voters. Opponents assert that Proposition 22 forbids same-sex unions altogether in California. Proponents state that the proposition merely prohibits California from recognizing such unions made in other states. The plot thickened when a state district court ruled that Propostion 22 is unconstitutional. This ruling is likely to be appealed. And there is a movement in California to pass an amendment to the state consitution to limit marriage to opposite-sex couples. [top]

Spain Approves Bill to Legalize Same-Sex Marriage On Thursday, April 21, the lower house of the Spanish Parliament appproved a measure that would make add the following words to Spain's marital laws, "Marriage will have the same requirements and results when the two people entering into the contract are of the same sex or of different sexes." The measure passed by a vote of 183 to 136. The bill now goes to the upper house, but if they reject the measure, the decision can be overridden in the lower house, so Thursday's vote was greeted by many supporters as a de facto victory. This law would also implicitly allow same-sex couples to adopt children. If the bill becomes law, Spain would join the Netherlands in having the most liberal laws for homosexuals in Europe. Beatríz Gimeno, the president of the State Federation of Gays, Lesbians and Transsexuals, said in a statement that the legislation would "turn Spain into an example for many countries where homophobia is present in the laws, a homophobia that is defended by intolerant, dogmatic, exclusionary religious sectors, including Christians, Muslims and other faiths." [top]

Departments

May 2005 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 RA 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. Contributions to this Fund are fully tax-deductible. 2) Alumni We're in the process of forming an alumni steering committee. Also, our first alumni event is scehduled for Homecoming 2005... Details to come! 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 cmb@ifas.ufl.edu. We're very interested in what is going on on other campuses. Maybe we can support and help each other. [top]