Human Rights Archives

gaygaygay

Hello lovelies,

It’s a wonderful day in history. Prop 8, banning same sex marriage, was ruled unconstitutional yesterday in the final ruling by Judge Walker. While there are some issues with a current stay on issuing marriage licenses to same-sex couples, this is a great step towards civil rights (although there is obviously still a lot more work to be done for trans rights and institutionalized racism).

I just went through the 138 page final ruling by Judge Walker and I’d like to post some highlights. As I told my friend Erik, each sentence is a social justice orgasm.

To read or skim the entire ruling, you can view it here.

Highlights include:

“California, like every other state, has never required that individuals entering a marriage be willing or able to procreate.” – pg 62

“the evidence shows beyond debate that allowing same-sex couples to marry has at least United States District Court For the Northern District of California a neutral, if not a positive, effect on the institution of marriage and that same-sex couples’ marriages would benefit the state. Id. Moreover, the evidence shows that the rights of those opposed to homosexuality or same-sex couples will remain unaffected if the state ceases to enforce Proposition 8. the evidence shows beyond debate that allowing same-sex couples to marry has at least United States District Court For the Northern District of California a neutral, if not a positive, effect on the institution of marriage and that same-sex couples’ marriages would benefit the state. Id. Moreover, the evidence shows that the rights of those opposed to homosexuality or same-sex couples will remain unaffected if the state ceases to enforce Proposition 8.” – pg 127

“The tradition of restricting marriage to opposite-sex couples does not further any state interest. Rather, the evidence shows that Proposition 8 harms the state’s interest in equality, because it mandates that men and women be treated differently based only on antiquated and discredited notions of gender.” – pg 126

“Because the evidence shows same-sex marriage has and will have no adverse effects on society or the institution of marriage, California has no interest in waiting and no practical need to wait to grant marriage licenses to same-sex couples.” – pg 128

“Proposition 8 does not advance any of the identified interests: (1) same-sex parents and opposite-sex parents are of equal quality, FF 69-73, and (2) Proposition 8 does not make it more likely that opposite-sex couples will marry and raise offspring biologically related to both parents” – pg 129

“Proponents argue Proposition 8 advances a state interest in encouraging the formation of stable households. Instead, the evidence shows that Proposition 8 undermines that state interest, because same-sex households have become less stable by the passage of Proposition 8. The inability to marry denies same-sex couples the benefits, including stability, attendant to marriage.” – pg 130

“To the extent proponents argue that one of the rights of those morally opposed to same-sex unions is the right to prevent same-sex couples from marrying, as explained presently those individuals’ moral views are an insufficient basis upon which to enact a legislative classification.” – pg 132

“when the Court asked whether a majority of citizens could use the power of the state to enforce “profound and deep convictions accepted as ethical and moral principles” through the criminal code. 539 US at 571. The question here is whether California voters can enforce those same principles through regulation of marriage licenses. They cannot. California’s obligation is to treat its citizens equally, not to “mandate [its] own moral code.” – pg 135

“The evidence shows, however, that Proposition 8 played on a fear that exposure to homosexuality would turn children into homosexuals and that parents should dread having children who are not heterosexual.” – pg 136

Enjoy these highlights, and feel free to send these off to friends, loved ones and those who disagree with todays ban!

Taxis are everywhere in Dubai

After going to the top of the Burj Khalifa and walking around in the heat I just wanted to get to the hotel and wash off the sand and scent of Fendi. At the Dubai Mall I grabbed a taxi instead of taking the metro  in order to get to the hotel as soon as humanly possible. The taxi driver was stone faced and quiet, after a few moments I asked him how his day was. He explained that he had just been at the Dubai Mall to buy gifts for family and was just starting his shift. To be honest, he seemed a tad bitter at this form of small talk. I started my conversation with him because I wanted to hear about his experience as a taxi driver in Dubai. For some reason I decided that the best way to start this discussion was to tell him how taxis work in America. “In America the taxi drivers pay a certain amount at the beginning of their shift and then they keep the rest of the money they make from the shift.” He nodded, “that’s a good system to have,” almost saying this through gritted teeth. I asked him how the taxi system in Dubai worked. He looked at me in the rear view mirror from behind his sunglasses and simply said, “it’s fucked up, sir.” I wasn’t exactly expecting that sort of blunt response. “If I do a taxi drive for 40 dirhams, I give the company 40 dirhams. If I do 1000 dirhams, I give them 1000 dirhams. They give me a small wage but that is just enough to eat,” putting his hand to his mouth simulating eating. “They fine us for anything. Going over the speed limit, they know and fine us. Being late, they fine us. Anything. Last year they fined me 20,000 dirhams from my paycheck” which is roughly $5,500 USD. I didn’t exactly feel comfortable enough with him to ask what he makes a year, but I have read in different places that a taxi driver makes roughly $400-1000 a month in Dubai. I was starting to feel like a real asshole after explaining to him how the taxi system works in America.

He explained to me that the entire system is in shambles. If he has a complaint he has no idea where to go. When he talks to “quality control” they give him no information, when he asks who they report to they say they don’t know. However, they are always quick to fine him. He and other taxi drivers I talked to mentioned that they drive nice cars, wear a uniform that resembles a military outfit being that it is very crisp, and has epaulets. One taxi driver told me that he had always dreamed of joining the military in Pakistan, but because of an illness he was unable to join. He went on to say, “God chose for me not to be in the military, but to be a taxi driver. At least I have these,” and pointed to the epaulet on his shoulder, laughing nervously.

The stone faced taxi driver continued explaining that last year an Australian man was looking to buy the taxi system from the government. Oh right, did I mention that the taxi’s are controlled by the government of Dubai? Well they are, and this leads to even more problems. This man was going to revamp the cars, equip them with more up to date GPS systems and so on. However, at the last moment when the man insisted that he would select the new management the government of Dubai quickly pulled back from the offer and it was never spoken of again.

“What’s your schedule like?” I asked this to a few taxi drivers and they all had the same response. They sighed and said, “12 hours a day, 7 days a week. If I’m sick, too bad. I still have to work. If I want the day off because I am sick or to see family, I have to pay the company. I lose money from not working and I have to pay them on top of that.”

I asked the stone faced driver if he came to Dubai from Pakistan to work as a taxi driver. He nodded, “I was promised a great job, lots of money. My plan was to save money, send to my family and have money when I go back to Pakistan.” Which led to my next question, “When do you plan on going back to Pakistan?” Another sigh, “When you start this job after coming into the country they take your passport. They have my passport. When they have that, they have a remote control of you. Whatever they say, you do, because all you want is your passport back so you can leave this place. I want to see my family again.” A few years back I had read an article on construction workers in Dubai who were sent in from various countries, all of them had their passports taken from them when they started the job and it was almost impossible to get it back. I had no idea that they did this for other members of the working class. The taxi driver continued, “We are allowed to ask to resign once every six months. I have asked three times and each time they rejected my request,” another sigh, “I just asked a month ago, now I have to wait another 5 months.” These men are indentured servants. Make no mistake.

Learning all of this left me stunned. In a city where wealth and opulence is falling out of peoples asses, where every mall has stores that sell $10,000 cell phones, Fendi and Cartier, where there are numerous “worlds biggest” such and such, there is also a tremendous amount of devastating poverty. All of this poverty obviously being created in order to keep the wealthy incredibly rich. With Dubai’s economy continuing to fail, there is even less hope for these taxi drivers to make the amount of money they were promised. But hopefully if it completely fails they will then be allowed to go back home.

Example of a Full Body Image

Last year the Transportation Security Administration (TSA) began discussing the use of full body scanners as a form of heightened security. With this scanner, agents can see everything, and I do mean everything. Just look at this picture! It seems as though this man on the right has a catheter connecting his junk to his gun so that he shoots his leg every time he urinates, damn terrorist. Now due to recent terror alerts, the TSA has begun implementing full body scanners at every major airport. While there has been a somewhat underwhelming cry for privacy rights, most people are simply falling in line and doing “whatever is necessary to protect us against terrorists.”

What is of concern to me is what will happen to a trans person when they step into the body scanner. What will the TSA see? How will they react? With the recent attempted underwear bombing on Christmas, the TSA will most likely be focusing their attention on the peoples junk. With these new scanners, TSA agents will be able to see binding material and genitals, causing concern that the TSA agents may pull the trans person aside for further investigation/searching.

I met with Jackson Bowman, a researcher for UCSF, homeless youth advocate and tran about town, to discuss issues regarding full body scanners, trans rights and privacy. After enjoying our libations at a dimly lit bar and catching up, Jackson said “so you want to know my thoughts on trannies and body scanners?” To begin with, Jackson said he doesn’t understand why cisgendered people aren’t completely upset by this invasion of privacy. Full body scanners are not just something that should concern trans folk, but these should concern all people.

When asked about his current experience going through airport security, Jackson noted that he already sweats bullets when he flies. He recently went to Europe, and due to the trip he got a new passport. Even though he went through the process of changing his birth certificate, ID and passport to match his gender he became worried every time he handed someone his passport. He would think they had a super scanner to find out that something was “off” about his passport, and even though he knew this wasn’t true, he would still get anxious. “It’s fine, everything has been changed,” he’d think, only to be followed with “what if they find out its been changed?!”

Jackson stated that he’s afraid that someone will accuse him of being “inauthentic,” or hiding “the truth,” something he finds himself coming across on occasion when meeting others. In this case his concern is that if the TSA accuses him of being inauthentic or hiding something, then they may search further.

Jackson is not only concerned for the confusion that TSA agents may have when they see genitals that they do not believe to match the person’s gender, but also for a trans man who is packing. Whether it’s a trans man who is wearing a softie or a trans woman who is wearing falsies, it may appear to the TSA agent as if this person is trying to smuggle something on the plane. This would also be an issue for a breast cancer survivor who had a mastectomy and is wearing falsies.

It’s been claimed many times that the images from the full body scanners are not connected to the persons identity, that they are viewed by agents in an office far away and are immediately deleted after first view. However, in early February the famous Bollywood actor Shah Rukh Khan quickly found out that the images from his full body scan were passed around by security agents in the very airport he was in. Two of the female agents even approached him right after the full body scan with the print outs of his naked body in hand, asking for his autograph. If this kind of behavior happens for celebrities, whats stopping the same thing happening to trans folk?

Will there be competency training for TSA agents? My pessimistic side says most likely not. But I would like to see more of a push for such training. Overall, I’d like to see this type of invasion of privacy to put away for good.

For more information:

Transgender Equality Whole Body Image FAQ

Scott Roeder during trial

On Sunday Morning, May 31, 2009, Dr. George Tiller was attending service as an usher at the Reformation Lutheran Church in Wichita, KS. Scott Roeder walked into the church then shot and murdered Dr. Tiller at point blank range. Three hours and 170 miles later, Roeder was found and arrested. As you may know from the headlines, Roeder believed he was saving children from imminent danger because Tiller was an abortion provider.

Today after a two and a half week trial, the jury took 37 minutes to deliberate and found Scott Roeder guilty of first degree murder. Now Roeder faces life in prison for murdering Dr. Tiller, or how I’m sure many see it, for saving the lives of “helpless children.” While I am of course happy that Roeder was found guilty, I also fear that this will make Roeder a martyr for what he has done. In fact, the Rev. Donald Spitz from Army of God has touted Roeder as a hero for saving the “lives of innocent babies scheduled to be murdered by George Tiller.” Obviously, the creator of this Cafe Press “design” agrees. Other organizations like Missionaries to the Pre-Born also commend Roeder as a hero. While these organizations may be small, there has been a growing number of people who discuss such murderers as Roeder as a martyr. Many pull on emotions related to the holocaust and compare abortion providers like Tiller to Adolf Hitler, stating that abortion providers are partaking in the “genocide” of unborn children. Not surprisingly, Roeder himself glorified Paul Hill, who was executed for the killing of an abortion provider and a clinic escort in 1994.

So where does this leave Roeder now? Will this recent conviction and upcoming sentencing make him even more of a hero? Will there be others who attempt to follow in Roeder’s footsteps to end the “genocide” and make themselves “soldiers of God”? Unfortunately, the answer is most likely yes. However, we can use Tiller’s death, Roeder’s killing, and this trial as a way of creating a conversation to agree on a cultural understanding of what life is. What makes someone or something alive? When does life begin? When does it end? To be completely honest, I doubt there will ever be an understanding of what life is, primarily because such a conversation never happens. In the interim, we can continue to work towards comprehensive sex education where we fully understand what is involved in an abortion procedure, and push towards a more peaceful understanding of religion where acts of violence are not tolerated, then we can continue to see a reduction in the murders of health care providers.

To read more on the trial and the verdict, click here.

Image from: www.flickr.com/photos/tehbaxter

On Tuesday the 26th of May the California Supreme Court ruled to uphold Proposition 8, which stated that the institution of marriage is only between a man and a woman. At 10am, as numerous people waited by the TV, refreshed their news page, or stood outside City Hall, the decision was announced. I was at City Hall right after their announcement was made (oddly enough not to the public who waited outside) and I was not surprised by the somber, defeated and quiet tone set amongst the faces of the anti-prop 8 people. But as time went on more and more became angry. As I understand, those who were vocal about their anger and outrage were shooed away from the protest as to not make the gays “look bad” in front of the media.

Apparently you’re supposed to remain silent and obedient when you continue to be oppressed.

Outside SF City Hall.

Am I surprised by this decision? No. Am I upset? Yes. Is all hope lost? Not at all. Am I going to continue writing this post in a series of questions that I answer myself? Maybe.

Now keep in mind, the CA Supreme Court was only deciding on whether or not prop 8 was an amendment. Thankfully, none of the rights that were ruled upon in 2008 to same-sex couples were taken away. However, and this is a big however, let us not forget that the word “marriage” is incredibly powerful, meaningful and emotional to many. It is not just a word. By refusing same-sex couples the ability to use the word “marriage” for their– well, marriage is a discriminating, “neener neener,” cruel monkey-in-the-middle game that the pro-prop 8 camp is over joyously playing. “You can have what we have… but not that…that’s ours.” This “that” which is kept to themselves is what many argue to be the emotion, the heart, the je ne sais quoi of marriage. So now, those who have been arguing for their rights are left without the heart.

Currently there is a movement to remove the term “marriage” from the laws in order to allow equal rights to all in the US. I urge you to consider this aspect of this debate. However, equal marriage does not result in full equality. Marriage equality is not the Valhalla of gay rights. In the meantime, also consider other LGBTQ issues such as employment discrimination, Trans rights (fuck you HRC), dismantling oppressive institutions, and ensuring proper health care (including STI education and prevention) to all.

My question for my readers (all two of you) is what does marriage mean to you? Is it just a word? Is it something more powerful? Will it always be an oppressive institution no matter how nicely it is packaged?

To read the court decision for yourself, which I strongly urge you to do, click HERE

Congratulations California, you’re the first state to amend the consitution in a way to take rights away from citizens. I understand, I see your trick. Pulling the rug from under everyone, if you will. Well played, California, well played. You were getting sick and tired of people seeing our state as progressive, forward thinking, fashion forward & tolerant…nay, accepting. Who needs all that attention and responsibility, really? So good job California, you’ve joined the rest of the oppressive fucks.

One argument in support of Prop 8, the proposition to eliminate same-sex marriage rights, is that the California supreme court went over the heads of the people to legalize same sex marriage without a vote from the citizens. Just so you know, both the right for women to vote and the legalization of interracial marriage were made by the supreme court during a time when a majority of voters were against such rights.

Also, a point of consolation that I’ve been hearing has been “it’s okay that Prop 8 passed, we have to make baby steps.” Really? So what have we been doing since Stonewall? Fuck, what have we been doing since way before Stonewall? Were those embryonic steps?

And by the way, Domestic Partnership is not the same as marriage. Marriage gives the couple up to 3000 rights. Domestic Partnership? 27 rights. Yeah, thats fair and equal, right?

So once again California, congratulations. Who needs to be ahead? Fuck, who needs to follow the example of many other countries, like the heavily Catholic centered Spain who legalized gay marriage years ago? Good job, California.

But just for even measure, and since you’re sadistic, I’m looking forward to this fight continuing so that when we win you can switch for us and be our bottom bitches.

Rev Peter Mullen, the leading chaplain for the London Stock Exchange, has made some statements that’s are garnering enough interest that many are requesting his resignation. What are his statements you ask? Did he say, “Let’s pray for the US to go broke so we chaps get all the monies?” No, from his blog the chaplain wrote:

“It is time that religious believers began to recommend specific utilitarian discouragements of homosexual practices after the style of warnings on cigarette packets: Let us make it obligatory for homosexuals to have their backsides tattooed with the slogan SODOMY CAN SERIOUSLY DAMAGE YOUR HEALTH and their chins with FELLATIO KILLS.”

He also likened gay pride to passive corruption. This is all a bit prick-ish, don’t you think?

Here is a link to a screenshot of his blog: LINK

His repulsive statements can be comparable to you or I stating that he should get a tattoo on his forehead that reads “FANCIES LITTLE BOYS” or “ISN’T NEEDED IN THE LONDON STOCK EXCHANGE”

Any other ideas as to what we could suggest he get a tattoo of?

(c) wired.com

No longer will old cars and Buena Vista Social Club be the first thing that comes to mind when you think of Cuba. In another move towards a more liberalised set of policies, the new president of Cuba, Raul Castro, has authorized offering Cuban citizens free sex changes. Already signed by Cuba’s health minister, Jose Ramon Balaguer, the surgery will be covered by the country’s universal health service. Mariela Castro Espin, daughter of Raul and head of the National Centre for Sex Education initiated this very progressive move. She is also working towards the legalisation of same-sex unions in Cuba, which if approved, would make Cuba the most liberal country in South America in terms of sexual rights. The physicians who will be in charge of said surgeries have been trained by some of the best surgeons from Belgium. Furthermore, a health clinic will be created exclusively for such procedures.

This is a big step away from Cuba’s past LGBT rights infringements such as the Mariel Boat Lift in 1980 where amongst other Cubans, gay men and trans-women were told that they can either leave Cuba or go to jail.

For more information on Cuba offering free sex changes: LINK

Human Rights Watch (HRW) recently came out with a press release on the five convictions of men for being HIV positive. In total, nine men have been convicted on “debauchery” charges. These men were interrogated, asked to give names of other men, and medically examined for receptive anal sex. The HRW has documented that such “medical examinations” constitute torture.

For more information please see the HRW’s press release here.

Tonight I went to a talk hosted by the LGBT Center in San Francisco and HRW on the recent convictions as well as the nature of LGBT (Lesbian, Gay, Bisexual and Transgender) rights in Egypt. The panelists included Maher Sabry a film maker and activist, Mazen who was amongst the men arrested in the infamous Queen Boat Case in Egypt in 2001,
and Scott Long, Director of the LGBT rights program of HRW.

During the talk there was discussion of the recent cases of arrests of HIV-positive men in Egypt, but more so on the Queen Boat case. Not only was Mazen one of the men arrested in the Queen Boat case, but Maher was the first to break the news internationally by contacting Scott Long. Recently Maher has just finished his film “All My Life,” a narrative based on the Queen Boat case (which is going to be played at the Frameline Film Festival in San Francisco). Mazen is in the soon to be released documentary “A Jihad for Love”, which is also playing at Frameline.

The night that the men were arrested for being at the Queen Boat, a gay disco in Cairo, Maher began emailing Human Rights organizations around the world. His only response was by Scott Long, who then persuaded the local Human Rights organizations in Cairo to assist Maher in helping the men arrested. Mazen was arrested outside of the Queen Boat, he was brought to the local police station and asked to sign a paper that stated that he was Gay and a bottom (receptive partner in male-male anal sex), when he declined to sign the paper he was beaten. He and the other arrested men were sent to three locations, including the much dreaded State facility, before their trial. At the third facility they were beaten every day and were never referred to by their name but as “Faggot #1,” “Faggot #2,” and so on. Although Mazen was sentenced to 2 years in prison, he was able to flee to Paris before serving time. You can hear more about his story by seeing the documentary “A Jihad for Love.”

It was a pleasure to hear from these men, but I wish that their voices didn’t need to be heard because of the atrocities they faced. What Mazen and Maher are doing shows what is most certainly needed today, a breaking of the silence of what occurs. Not just in countries in the Middle East and not just towards LGBT individuals.

Side note: I spoke with Scott Long of the HRW and he informed me that a full report will be released on Iranian LGBT issues within the coming weeks.

(Via advocate.com)

Thomas Beatie, a loving husband in a quiet town in Oregon wrote his first person account of deciding to carry him and his wifes first child. Thomas is a transgender male who had gone through a mastectomy and began taking hormones years ago. Legally he is a male, therefore he is legally married to his wife Nancy. He and his wife decided to have a child, however Nancy was unable to carry a child to term. With great consideration, Thomas decided to cease his testosterone treatment and carry their child.

In this first-person account Thomas explain the process he went through, including being faced with discrimination from doctors, health care professionals, and receptionists.

What I thoroughly enjoy about this first-person account is how Thomas explains that his male gender identity has not been compromised by his pregnancy.

To read the account click HERE.

Does the discrimination Thomas and his wife faced surprise you? What about Thomas explaining that his male identity has not been compromised? Your identity is who you are, your identity is something you do. It is constantly moving and shifting, at any given time you are negotiating with it.

This is not just a story about a trans-man who is pregnant, it’s a story about reproductive rights, about identity, about family, about societal norms and values.

I wish Thomas and his wife, Nancy, the best, I truly hope that they do not face any more discrimination, but are left to be in a healthy family that they have worked so hard to be in.