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5/30 Open thread and news round-up w/ UPDATES – updated 5/31

Community/Meta Discrimination Right-wing Transgender Rights

– Secretary of Education Betsy DeVos has suggested that states should be able to decide to discriminate against LGBT people. At the same time, the Trump administration is saying it will cut back on pro-civil rights efforts across the board.

– The Eighth Circuit Court of Appeals has ruled that a woman’s lawsuit against her insurance company alleging discrimination against her transgender son can move forward. The court reinstated hr claims under the Affordable Care Act’s anti-discrimination provisions.

– The full Second Circuit Court of Appeals will hear a case involving employment discrimination on the basis of sexual orientation. A three-judge panel had ruled against the plaintiff because of earlier circuit precedent, but the full court has the option to overturn those earlier decisions.

– Last Friday, a federal district court heard a challenge to Minnesota’s LGBT anti-discrimination law filed by an anti-LGBT group on behalf of videographers.

We’ll update this post with any breaking news.

UPDATE: The Seventh Circuit Court of Appeals has upheld a preliminary injunction against a school district that refused to allow a transgender boy to use the correct restroom.

UPDATE 2 5/31: The Second Circuit Court of Appeals has asked the EEOC to file a friend-of-the-court brief in Zarda, a case involving employment discrimination on the basis of sexual orientation. The EEOC’s current guidance asserts that sexual orientation is protected by Title VII’s ban on discrimination because of sex.

In Perry, the Prop 8 case, a href=”″>more briefs have been filed in response to a request to unseal the Prop 8 trial tapes.

Thanks to Equality Case Files for these filings


  • 1. JayJonson  |  May 30, 2017 at 2:42 pm

    The decision from the Seventh Circuity Court of Appeals seems to be a major ruling even though it only upholds a preliminary injunction. See the discussion here:

  • 2. VIRick  |  May 30, 2017 at 2:48 pm

    7th Circuit Court Conclusively Affirms Transgender Rights

    Per Equality Case Files:

    Today, 30 May 2017, in "Whitaker v. Kenosha Unified School District," the defendant school district's appeal of the district court order granting the transgender student's preliminary injunction, the 7th Circuit Court of Appeals affirmed the district court order granting Ash Whitaker's motion for a preliminary injunction against said school district.

    The Opinion is here:

    The Transgender Law Center statement is here:

    This is the first federal appeals court to rule conclusively that both Title IX and the Equal Protection Clause of the Constitution protect trans students. The matter was heard before Wood, Chief Judge, and Rovner and Williams, Circuit Judges. The first two pages of the Opinion, written by Williams, says it all.

  • 3. scream4ever  |  May 30, 2017 at 10:34 pm

    Kenosha is in Paul Ryan's district BTW.

  • 4. allan120102  |  May 30, 2017 at 4:30 pm

    Couny in Puebla will marry 10 same sex couples. This is one of the municipalities in Puebla were ss couples can get married without the need of an amparo.

  • 5. VIRick  |  May 30, 2017 at 5:33 pm

    Puebla: 10 Same-Sex Couples to Be Married in San Pedro Cholula

    Puebla: Se Casarán 10 Parejas del Mismo Sexo en San Pedro Cholula

    Las uniones homoparentales se llevarán a cabo durante la boda colectiva anual que realiza el ayuntamiento y que en esta ocasión será celebrada en la explanada del parque Soria. Con amparos que garantizan el reconocimiento y protección de sus derechos, diez parejas del mismo sexo contraerán matrimonio civil el próximo 30 de julio en San Pedro Cholula, informó el alcalde José Juan Espinosa Torres, quien mencionó también que hasta el momento hay 230 parejas reuniendo los requisitos para concretar su casamiento (de los cuales 220 son hetero).

    The same-sex unions will take place during the annual collective wedding ceremony that the city council sponsors and which will be held on the esplanade of Soria park. With amparos that guarantee the recognition and protection of their rights, ten same-sex couples will contract civil marriage on 30 July 2017 in San Pedro Cholula, said Mayor José Juan Espinosa Torres, who also mentioned that so far there are 230 couples meeting the requirements to complete their marriage (of which 220 are hetero).

  • 6. allan120102  |  May 30, 2017 at 4:37 pm

    CR. I didnt even knew the president could surpass the legislative body if its affirm by international bodies.
    San José, May 30 ( – Contrary to the progressive trend in the rest of the continent, Costa Rican citizens are still reluctant to accept that two people of the same sex can marry.

    This is clear from the data provided by the most recent Political Opinion Survey applied by OPol Consultores between May 25 and 27 at the request of EL MUNDO.

    The consultation, conducted to 920 people, found that 64% of respondents reject same-sex marriage, as opposed to almost 30% who support them.

    In Costa Rica, the Family Code does not allow same-sex marriage, and although the country has established non-discrimination by any type and signed several international conventions on Human Rights, the rule has not been annulled in the Chamber Constitutional.

    More recently, Costa Rica was the protagonist of a consultation before the Inter-American Court of Human Rights (Inter-American Court of Human Rights), where the Government of Luis Guillermo Solis consulted whether it is really necessary that there be a law that allows and regulates homosexual unions.

    During the hearing, several countries, including Mexico and Argentina, told Costa Rica that creating separate legislation to regulate same-sex unions is a discriminatory manifestation, because the correct thing is to reform the existing legal system to increase its scope to that type Of joints.

    The Inter – American Court 's answer to Costa Rica will be decisive for the future of the rights of sexually diverse persons, since if the International Court says that separate legislation is not necessary, and that the economic rights of the unions of the same Sex are protected by the American Convention on Human Rights, the Executive could dispense with waiting for a reform within the Congress, to endow the same rights that a heterosexual couple has with homosexual couples via Executive Decree.

  • 7. VIRick  |  May 30, 2017 at 5:31 pm

    "…. the Executive (of Costa Rica) could dispense with waiting for a reform from within the Congress, and endow same-sex couples, via executive decree, with the same rights that heterosexual couples already have."

    Yes. That is precisely what the governor of Puerto Rico, as well as the governors of Chihuahua and Guerrero, all did (as could all the remaining governors of Mexico's states, if they were so inclined). Under basic Spanish law, the executive power is almost unlimited, a point which, if abused by declaring unnecessary "emergencies," has historically given rise to any number of dictatorships.

    So, "Yes" to the entire last paragraph, as Costa Rica's executive could certainly legitimately utilize the Inter-American Court's ruling as ample justification for any resulting executive decree to extend rights to same-sex couples as being basic to human rights.

    Just to be clear, Costa Rica is the sole country in all of Latin America to never have suffered through at least one dictatorship at some point in its history. Its immediate neighbor in one direction, Nicaragua, has been far less fortunate. And in the other direction, the last dictator of Panamá finally died yesterday.

  • 8. ianbirmingham  |  May 30, 2017 at 8:21 pm

    Inside Gaysi: The blog transforming India's queer scene

  • 9. VIRick  |  May 30, 2017 at 10:02 pm

    Supreme Court: Justices Continue to Apply Ordinary Modes of Statutory Interpretation to US Immigration Laws

    With the new Trump administration, immigration has been in the national news. Trump and A-G Sessions have emphasized that the US government will target “criminal aliens” in its removals. At various times, Trump has focused on crimes committed by Mexican immigrants. In the first of a number of immigration decisions from the 2016 term, today, 30 May 2017, the Supreme Court decided its first crime-based removal decision in the new administration, "Esquivel-Quintana v. Sessions." The case involved an immigrant from Mexico convicted of what could be viewed as a “sex crime.” The decision in favor of the lawful permanent resident, written by Justice Clarence Thomas, no less, for a unanimous court (minus Justice Neil Gorsuch, who did not participate), might be surprising to some observers.

    As described by Thomas, the question before the court was “whether a conviction under a state statute criminalizing consensual sexual intercourse between a 21-year-old and a 17-year-old qualifies as sexual abuse of a minor under the INA.” The court’s answer was brief and straightforward: “We hold that it does not.”

    One can read the rest of the reasoning to the case here:

  • 10. scream4ever  |  May 31, 2017 at 1:32 am

    Thailand to follow in Taiwan's footsteps?

  • 11. VIRick  |  May 31, 2017 at 1:07 pm

    Thailand: Justice Ministry to Revive Gay Rights Bill

    The Ministry of Justice has vowed to take action in favor of a petition demanding a stalled bill on gay rights be enacted. The Constitutional Court of Taiwan ruled in favour of same-sex marriage on 24 May 2017, and now calls to follow suit in Thailand may be gaining strength.

    Pitikan Sithidej, director-general of the Rights and Liberties Protection Department at the Justice Ministry, said he received the petition to set the wheels in motion again on 17 May, and will push for getting the bill approved at the earliest possible date. The petition has been signed by nearly 60,000 people. It backs same-sex marriage rights and other equal benefits for lesbian, gay, bisexual, transgender and intersex (LGBTI) people and couples. The proposed law has been in a state of limbo since it was introduced in 2013.

    Even though Thailand is viewed by many as a paradise for gay people, given its permissive culture and move to embrace transgenders, known here as katoey, or "ladyboys," as a de-facto third gender, gay couples can not legally receive a marriage certificate in Thailand. A gay partner also cannot retrieve his or her partner's body from a hospital or inherit that person's assets or properties, according to the law. Many Thais complain they have been forced to surrender a number of basic rights enjoyed by straight couples in society due to their sexual preferences. These include reduced taxes, health coverage, and pension benefits.

  • 12. VIRick  |  May 31, 2017 at 1:44 pm

    Rhode Island House Votes to Ban Gay "Conversion" Therapy

    The Rhode Island House of Representatives has voted to pass a bill that would bar licensed health care providers from using so-called gay conversion therapy to change a minor’s sexual orientation or gender identity.On Tuesday, 30 May 2017, the House voted 69-0 to pass the bill, with six legislators not voting. It now moves to the state Senate.

    Rhode Island’s proposal would prohibit psychologists, social workers, and other licensed health care professionals from using practices that treat homosexuality as an illness and try to cure it in children under 18 years old. Violations could be subject to disciplinary action or revocation of licenses by the state department of health.

    The Delaware legislature has a similar bill currently in process.

  • 13. scream4ever  |  May 31, 2017 at 2:55 pm

    I wonder how much time is left in each state's legislative session for the year. I hope what happened to New Hampshire and Washington's bills won't happen again.

  • 14. VIRick  |  May 31, 2017 at 2:01 pm

    Republican Congressman Supports Full Equality for LGBT People

    Republican Congressman Scott Taylor of Virginia's 2nd District (Virginia Beach) will co-sponsor the Equality Act, legislation that if passed would extend civil rights protections to offer full equality to LGBTQ individuals. The Human Rights Campaign announced in a statement today, 31 May 2017, that Taylor would get behind the Equality Act, reintroduced earlier this month, and now backed by 242 members of Congress and 90 corporations.

    “The growing support for the Equality Act by Republicans, Democrats, and Independents proves that LGBTQ equality is not a partisan issue,” said HRC Government Affairs Director David Stacy. “All Americans should have a fair chance to earn a living, provide for their families, and live their lives without fear of discrimination. We are grateful for Rep. Scott Taylor’s leadership and support for this crucially important legislation that will finally ensure LGBTQ people are protected from unjust discrimination.”

    Taylor previously showed his dedication to protecting LGBTQ rights by introducing The Fair and Equal Housing Act of 2017, legislation that would make it a violation of federal law to discriminate based on sexual orientation or gender identity in housing.

  • 15. VIRick  |  May 31, 2017 at 2:08 pm

    Nevada: Transgender Name-Change Bill

    Per Equality Case Files:

    On Tuesday, 30 May 2017, a Nevada bill proposing that transgender people who are changing their names should not be forced to publicize their name change in local newspapers unanimously passed through both the state’s senate and assembly. The bill, which just needs Nevada Gov. Brian Sandoval’s signature for it to become a law, would help transgender people maintain their privacy through their transition and shed the need to publicize the change in a newspaper, which is a legal requirement in several states.

    Currently, the state requires people who want to change their names to place an announcement listing their old and new names in a newspaper once a week for three weeks, according to the Las Vegas "Review-Journal." This requirement can be waived if there is a personal safety concern, a provision that’s present in most states that require publication. If signed into law, the provision would be amended to say that anyone making the change “to conform the applicant’s name to his or her gender identity” is not required to publicize it.

  • 16. VIRick  |  May 31, 2017 at 2:24 pm

    SCOTUS Order from 25 May 2017 Conference

    Per Equality Case Files:

    Both cases of particular interest have been relisted for the 1 June conference. They are:

    – "Masterpiece Cakeshop v. Colorado Civil Rights Commission," the case wherein which a Colorado baker is appealing the decision that he violated the Colorado Anti-Discrimination Act when he refused to bake a wedding cake.

    – "Pavan v. Smith," the appeal of Arkansas Supreme Court decision denying married same-sex couples the right to have both parents listed on their child's birth certificate.

  • 17. guitaristbl  |  May 31, 2017 at 3:54 pm

    It's really troubling how many times the Colorado bakery case has been relisted. There must be some fierce back and forth going on backstage. Especially Gorsuch, Thomas and Alito must be furious but it is evident they lack a solid 4th Roberts vote to grant certiorari most probably because they are afraid of a 5-4 affirmation.

    The Arkansas case should be reversed per curiam with possibly some Gorsuch, Thomas, Alito dissents trying to gut Obergefell's scope.

  • 18. scream4ever  |  May 31, 2017 at 6:03 pm

    I suspect they'll deny cert by the end of the current term next month.

  • 19. scream4ever  |  May 31, 2017 at 2:47 pm

    Pavan v Smith I suspect will be reversed without a trial, which will set a precedent for other cases, most notably the one in Indiana.

  • 20. allan120102  |  May 31, 2017 at 5:57 pm

    It does not set precedent. If I am correct it needs to be signed by the supreme court justices to set a precedent. The Alabama supreme court decision for example when the supreme court reverse it didnt set a precedent itself as the law was clearly crystal clear and only a bigot court would have rule otherwise like the Alabama supreme court did.

  • 21. scream4ever  |  May 31, 2017 at 6:01 pm

    You're right. I meant set more of an expected standard.

  • 22. VIRick  |  May 31, 2017 at 7:24 pm

    National Trust For Historic Preservation Raises Millions To Demolish Trump’s Boyhood Home

    According to the "Onion:"

    Overwhelmed by the outpouring of support from the public, the National Trust for Historic Preservation reported Wednesday that it had raised more than $8 million in just three days to demolish Trump’s boyhood home in Queens, NY. “Thanks to the generosity of the American people, we are well on our way to bulldozing the president’s first home as part of our mission to uphold America’s cultural heritage and values,” said NTHP president, Stephanie Meeks, adding, "to make sure that no trace of this structure exists for future generations.” Meeks then went on to say that the ground upon which the historic childhood home once stood would become immediately available for redevelopment.

  • 23. bayareajohn  |  May 31, 2017 at 11:57 pm

    You do know that THE ONION is a 100% satire site… all snark and sarcasm. Not to be quoted as factual.

  • 24. Fortguy  |  June 1, 2017 at 12:27 am

    This is true. Unlike Trevor Noah, Samantha Bee, Stephen Colbert, Seth Meyers, John Oliver, and Bill Maher along with other comedians who take real news and use it as comedic material to ridicule politicians while also providing focus to the serious issues involved, The Onion creates fake news merely for the purposes of satirical comedy.

  • 25. VIRick  |  June 1, 2017 at 10:58 am

    Fortguy, what's also true is that if the National Trust for Historic Preservation were to ever actually launch such a campaign to demolish Trump's boyhood home in Queens, they would inevitably be overwhelmed with generous contributions to insure that the project were quickly carried through to completion. And as a special bonus, the NTHP could then reap a major windfall when they turned around and re-sold the empty ground for immediate redevelopment.

    I suppose I should have added a footnote indicating that I received this snarky "report" from the "Onion" via my DC friend who is also prone to send me links to the Borowitz Report from the "New Yorker." The latest headline in that department reads:

    "Trump Says Sleeping Only Four Hours a Day Not Affecting His Ability to Cljjryff"

    And a slightly earlier one:

    "Paul Ryan Sets Google News Alert for Moment When Trump Becomes Unpopular Enough to Betray"

  • 26. bayareajohn  |  June 1, 2017 at 3:24 pm

    So, NO, you didn't know the Onion story was fake. Fair enough.

  • 27. VIRick  |  June 1, 2017 at 4:13 pm

    No, by definition, the "Onion" is the "Onion." I am well aware of its intent, one which is in the same category as the "Borowitz Report."

    That's why I headed the introduction, "According to the 'Onion.'"

  • 28. bayareajohn  |  June 1, 2017 at 6:26 pm

    I'm not trolling. I'm actually concerned about Fake news. While I'm dedicated to DAILY KOS, they generally have at least one total bull story in the side-picks that are pure snark intended not to deceive, but to taunt. But the titles tell a lie that is frequently all a viewer sees, and repeats that lie as "what they read on KOS" as truth… as they understand it. This does not help us. (Recent example, "TRUMP DECLARES NATIONAL DAY OF MOURNING FOR ROGER AILES". I saw this later stated as fact by several other blogs.)

    Since your initial post gave no trace of a wink-wink on the Onion article, I felt I had to ask….

    Do not doubt the high regard I give you and your efforts here. I do discourage fake news being passed along with a strai- sorry, gay face. Too many people are willing to believe what they are predisposed to believe.

  • 29. VIRick  |  June 1, 2017 at 8:25 pm

    Truce. We are on the same page.

    In the meantime, the Spanish-language website, Matrimonio Igualitario, has literally exploded with commentary from Chile regarding the government's announcement today to introduce the marriage equality legislation there (as well as same-sex adoption, and separately, abortion under 3 causes).

    Despite the fact that Matrimonio Igualitario is actually a Mexican site, people from Chile have absolutely overwhelmed it with hundreds and hundreds of comments, giving me trouble keeping up.

  • 30. Sagesse  |  June 1, 2017 at 3:44 am

    Summary of written arguments filed in the case to have the Prop 8 trial videos released:

    Dispute over Prop. 8 videos being hashed out in court [SFGate]

  • 31. davepCA  |  June 1, 2017 at 10:47 am

    The hearing for this is in FOUR WEEKS, on Wednesday, June 28th in San Francisco. I'll be there, along with at least one other original 'oldtimer' from this site, from way back when it was the Prop8TrialTracker.

  • 32. VIRick  |  June 1, 2017 at 11:35 am

    Oregon Governor Signs Transgender Rights Bill into Law

    On 31 May 2017, Gov. Kate Brown signed a bill, HB 2673, that will make it easier for transgender people in Oregon to shield any updates they make to their birth certificates, a process typically conducted (in most states) through the court system without privacy from public view.

    The measure, which takes effect next year, makes Oregon the second state after California to adopt laws specifically designed to help mitigate potential discrimination against transgender individuals from employers, landlords, or anyone else who is otherwise able to dig up birth-record changes through public record.

    The new law eliminates the requirement that changes to someone’s name or gender identity must be posted publicly by the courts. It also allows court cases involving gender identity changes on birth records to be sealed.

  • 33. VIRick  |  June 1, 2017 at 2:30 pm

    Government of Chile Announces Marriage Equality Bill Ready for Congress' Approval

    Today, 1 June 2017, at a public accounting (and conference before the full assembly), President Bachelet announced that the government of Chile is ready to introduce the pending legislation to the Chilean Congress for marriage equality and same-sex adoption (and separately, the bill in favor of abortion under 3 causes).

    The website, Matrimonio Igualitario, has exploded with hundreds of comments on this subject (about one per minute, all day and continuing, most in favor, some against), but I have yet to encounter a full news article on the subject to which I can post a link.

  • 34. scream4ever  |  June 1, 2017 at 4:45 pm

    It's about time!!!

  • 35. VIRick  |  June 1, 2017 at 5:45 pm

    Chile: Bachelet Announces Marriage Equality Bill

    Chile: Bachelet Anuncia Proyecto de Matrimonio Igualitario:

    "Es hora de dar un paso más." La presidenta Michelle Bachelet realizó este jueves, 1 de junio 2017, la última Cuenta Pública de su administración ante el Congreso y anunció que, “en el segundo semestre ingresaremos a este honorable Congreso un proyecto de Ley de Matrimonio Igualitario.”

    El Movimiento de Integración y Liberación Homosexual (MOVILH) informó que el Gobierno les comunicó que presentarán el proyecto antes del 30 de junio, cumpliendo con los plazos de la solución amistosa firmado con la organización. Si no cumpliesen con este plazo, la administración “violentaría el acuerdo y nuestra organización debería continuar la demanda contra el Estado ante la CIDH,” declaró el colectivo.

    “Durante el segundo semestre ingresaremos a este honorable Congreso un proyecto de Ley de Matrimonio Igualitario, porque no puede ser que los prejuicios añejos sean más fuertes que el amor," anunció la presidenta de la República.

    See also:

    "It's time to take a step further." On Thursday, 1 June 2017, President Michelle Bachelet made the last Public Account of her administration before the (full assembled) Congress and announced that "in the second half we will enter into this honorable Congress a draft Marriage Equality Law."

    The Movement for Integration and Homosexual Liberation (MOVILH) reported that the Government had informed them that they will present the bill before 30 June 2017, in compliance with the terms of the friendly settlement signed with the organization. If they do not meet this deadline, the administration would "violate the agreement, and our organization should continue the lawsuit against the State before the IACHR," the group said.

    "During the second half (of the year), we will enter into this honorable Congress a draft Equal Marriage Law, because it can not be that old prejudices are stronger than love," announced the President of the Republic.

  • 36. VIRick  |  June 1, 2017 at 6:06 pm

    Chile: Partido Amplitud in Favor of Marriage Equality

    Per Partido Amplitud:

    "In Amplitud Chile, somos liberales y partidarios del matrimonio igualitario, y apoyamos el aborto de 3 causales."

    "In Amplitud Chile, we are liberals and partisans of marriage equality, and we support abortion from three causes."

  • 37. VIRick  |  June 1, 2017 at 8:09 pm

    Chile: Partido Liberal in Favor of Marriage Equality

    Per Partido Liberal:

    "Los Liberales creemos en las libertades individuales, expresadas en matrimonio igualitario y aborto de 3 causales como conciencia de cada quien."

    "We Liberals believe in individual freedoms, as expressed in marriage equality and abortion from 3 causes, as per everyone's own conscience."

  • 38. allan120102  |  June 1, 2017 at 4:42 pm

    Breaking Mexican supreme court rules against us for the first time.
    This means that Yucatan ban on same sex marriage is still in effect in the state constitution, compare to other states that only have in their state civil code.
    The Ministers of the First Chamber dismiss the public project of the Amparo Directo in Revision 5459/2016 that declared the action due to legislative omission and that indicated that the articles of the Family Code of Yucatan are discriminatory in not allowing marriage and concubinage to couples Made up of people of the same sex.
    The Supreme Court loses historic opportunity to guarantee all rights to individuals.  In a public meeting yesterday, Wednesday, May 31, 2017, and after the debate on the Public Amparo Direct Project in Review 5459/2016 was postponed 5 times, the first room with three votes against the Ministers (Norma Lucía Piña Hernández, José Ramón Cossío Díaz and Arturo Zaldívar Lelo de Larrea) dismissed the bill under Minister Pardo Rebolledo, declaring the action due to legislative or normative omission to be appropriate and also pointing out that the articles of the Family Code of Yucatan are discriminatory Not allowing marriage and cohabitation to same-sex couples.

         We deplore that the Supreme Court, through the First Chamber, violates its obligation to guarantee all rights to persons, and this decision would be taken as a setback on the criteria previously held, on the equal marriage that the First Chamber had been developing. The bill that was rejected guaranteed the principles of equality and non-discrimination in recognizing that the expression of these principles, both in the Political Constitution of the United Mexican States and in the Constitution of the State of Yucatan "[…]" constitute express mandates that Force the authorities to act to eliminate any discriminatory act "[1]. In that regard, it was necessary to vote in favor of the bill, which emphasized that any treatment that results in discrimination in the exercise of human rights is inconsistent with the constitution. It is strange that the first chamber dismissed the bill declaring the action for legislative or normative omission on the regulation of egalitarian marriage, when the first chamber itself has already said that in the case of the exclusion of same-sex couples from institutions Like marriage and concubinage, all legislation that discriminates on the basis of a person's sexual preferences constitutes an arbitrary distinction.  So the resolution of the first room on Wednesday also must be understood as a setback on its own criteria already established, since the Plenum of the Supreme Court has already settled two cases where the action against the legislative omission was analyzed Or regulations in the State of Yucatan, specifically the Unconstitutionality Actions 8/2010 and 11/2011 that declared both the constitutionality of the incorporation in the local Constitution of the action against the local legislative omission, and the constitutionality of the proceedings of the action against The legislative omission provided for in the Law of Constitutional Justice for the State of Yucatan, respectively, ie, the highest court has validated the procedure established in state law.


  • 39. allan120102  |  June 1, 2017 at 4:42 pm

    2nd part of the Yucatan case
      In addition, the Supreme Court's full Constitutional Controversy 14/2005 established the types of legislative omissions based on the differentiation of the powers of the legislative bodies in compulsory and compulsory, where it concluded that legislative omissions regarding competencies Of compulsory or optional exercise, can be classified as follows: 1) .- Absolute omissions in mandatory exercise competencies; 2) .- Relative omissions in compulsory exercise, 3) .- Absolute omissions in powers of exercise optional; And, 4) .- Relative omissions in powers of exercise optional. Of the previous constitutional controversy derived the jurisprudential thesis whose heading is "LEGISLATIVE OMISIONES. ITS TYPES. "

         Resolved means a regression to the recognition of the human rights of persons of sexual diversity and therefore also goes against the principle of progressivity established in the first constitutional article. The first Chamber of the Supreme Court forgot to use the control of convention, for it overlooks that Article 2 of the American Convention on Human Rights clearly states that: "If the exercise of the rights and freedoms mentioned in article 1 is not already guaranteed by legislative or other provisions, States Parties undertake to adopt, in accordance with their constitutional procedures and the provisions of this Convention, such legislative or other measures as may be necessary to give effect to such rights and Freedoms ". That is, the obligation to legislate in favor of marriage and the concubine

  • 40. VIRick  |  June 1, 2017 at 4:49 pm

    Edomex: Contentious Race for Governorship

    On Sunday, 4 June 2017, the voters in the state of Mexico (Edomex) will be choosing from 6 candidates for the governorship of the state. Among the leading ones, Juan Zepeda, PRD, has come out strongly in favor of marriage equality, while the PRI candidate, Alfredo del Mazo, has been falling all over himself with his pro-family (as long as it is hetero) hype. The Morena candidate, Delfina Gómez, doesn't wish to discuss the issue.

    It should be noted that both the PRD and Morena are further left than PRI, the erstwhile "revolutionary" leftist party which once monopolized Mexican politics, but which has lost its way in corruption and cronyism. Edomex is the state which wraps around the Federal District on 3 sides.

  • 41. ianbirmingham  |  June 1, 2017 at 6:17 pm

    Sapporo becomes 1st major Japanese city to recognize LGBT couples

  • 42. ianbirmingham  |  June 1, 2017 at 6:31 pm

    Trump declines to issue Pride Month proclamation & ditches LGBT events

  • 43. Fortguy  |  June 1, 2017 at 11:08 pm

    Since Trump's NATO and G-7 summits trip to Europe and his announcement the US will leave the Paris climate accord, do you still consider the US to lead the world's free alliance?

    Who do you think is the leader of the free world now?

    1) US Pres. Donald Trump
    2) UK PM Theresa May
    3) German Chanc. Angela Merkel
    4) French Pres. Emmanuel Macron
    5) some other leader (Justin Trudeau, Pope Francis, Shinz┼Ź Abe, etc.)

    Please vote and explain.

  • 44. scream4ever  |  June 1, 2017 at 11:16 pm

    Angela Merkel

  • 45. Fortguy  |  June 1, 2017 at 11:31 pm

    I should have cast my own vote when I first posted, but I think Merkel. She is appropriately warning Europe that Trump is too unreliable to count on him for security. I still hope the SDs win in September and pass ME finally.

  • 46. VIRick  |  June 2, 2017 at 12:16 am

    The leaders of the western alliance, in tandem, are Merkel, Macron, and Trudeau.

    Merkel and Macron will hold the EU together, given that Germany and France are the two strongest and most important of the 6 original EU members, while Trudeau, almost by default, leads the Americas. Equally important, all 3 are qualified and know what they are doing.

  • 47. Elihu_Bystander  |  June 2, 2017 at 6:30 am

    I agree with your analysis. I vote as you have.

    The real question is will Trump self destruct. He certainly is trying.

  • 48. VIRick  |  June 2, 2017 at 12:40 am

    Here's the wonderful headline of 2 June 2017 from the southern Chilean newspaper, "Golpe Directo de Coyhaique," which summaries quite a bit:

    Ecos de una "Sentida" Despedida (Echoes of a "Heartfelt" Farewell)

    Above the banner, there is discussion of Bachelet's presentation of her marriage equality proposal yesterday before the full assembly of the Chilean legislature (given that this "farewell" was her last Public Accounting of her administration), while below it, we have this coy add-on:

    "Trump Dice Adios al Cambio Climatico" (Trump Says Good-Bye to Climate Change)

    Coyhaique is a city in Chile's southern Aysén Region and is the gateway to the most remote parts of Patagonia. So, the echoes have already reached the farthest extremities of the continent.

  • 49. scream4ever  |  June 2, 2017 at 1:01 am

    And to think, Conservatives actually thought Obama hurt our relations with the rest of the world :/

  • 50. JayJonson  |  June 2, 2017 at 11:05 am

    Ireland will soon have an openly gay Prime Minister, Leo Varadkar. Now if only his First Gentleman is as handsome as Xavier Bettel's Gautier Destenay.

  • 51. VIRick  |  June 2, 2017 at 3:18 pm

    Ireland to Have A Gay Prime Minister

    Leo Varadkar will be Ireland’s next prime minister, becoming the first gay man, the youngest person, and the first member of an ethnic minority to hold that post. Varadkar, the 38-year-old son of an Indian immigrant father and an Irish mother, today was elected leader of the nation’s governing party, Fine Gael, "The Guardian" reports. As head of the ruling party, he will become prime minister. Parliament will confirm his position when it returns from a recess later this month. He succeeds Enda Kenny, who resigned.

    Varadkar, a physician, was elected to Parliament at age 27 and has served as Ireland’s health minister and minister for social protection. He came out in 2015 as the nation prepared to vote on marriage equality, which it approved in a referendum. He overcame “a stiffer-than-expected challenge” for the party leadership from Simon Coveney, the nation’s housing minister, according to "The Guardian."

    Varadkar will become the second sitting openly gay prime minister in Europe, joining Xavier Bettel of Luxembourg. Previous out European heads of government include Elio di Rupo, a gay man who was Belgium's prime minister from 2011 to 2014, and Johnanna Sigurdardottir, a lesbian who was Iceland's prime minister from 2009 to 2013.

    Note: Varadkar is unmarried, so for the moment, there is no First Gentleman of Ireland.

  • 52. Fortguy  |  June 2, 2017 at 10:21 pm

    Now if only his First Gentleman is as handsome as Xavier Bettel's Gautier Destenay.

    Trudeau and Macron make a handsome couple. (Okay, I'm fantasizing here, but an old queen can dream.) I hope that in September the Court of German Voters rules against their evil mother-in-law, Chancellor Angela Merkel (R-Alabama), and replaces her with someone who respects the unions they uphold.

  • 53. VIRick  |  June 3, 2017 at 5:53 pm

    "…. the Court of German Voters rules against their evil mother-in-law, Chancellor Angela Merkel (R-Alabama), …."

    Fortguy, you're good, invoking the lurking, disturbed ghost of Pat Fancher, the evil Alabama mother-in-law, and greedy-witch protagonist in that horrific wrongful-death suit, who ill-advisedly hitched her fortune to the poorly-framed legal advice of Roy Moore's so-called "charity." Eventually, for her, the entire mess went down in flames, after endless futile appeals, not too long before Roy Moore himself was quite unceremoniously booted from his position as Chief Judge of the Alabama Supreme Court. As noted, in summary form from my archives:

    The 4th Alabama same-sex marriage recognition case, "Hard v. Fancher," falls into a special category, as it was actually a wrongful-death suit with an evil mother-in-law, greedily claiming 100% of the monetary proceeds. Paul Hard did not sue the state, but rather, Pat Fancher, for his rightful, legal share, and was successful once the state had recognized his Massachusetts marriage as valid.

  • 54. ianbirmingham  |  June 2, 2017 at 11:50 am

    This year, Gay Days is expected to bring a $100M economic boost to Orlando. Back in 1991, Disney World posted signs at their gates warning families of GayDays’ visitors. But this year, for the first time, Disney World has paid for a full-page ad in the GayDays publication.

  • 55. ianbirmingham  |  June 2, 2017 at 11:55 am

    [Florida] Democratic gubernatorial candidate Gwen Graham marked the start of “Pride Month” Thursday by declaring her reaffirmation of support for gay rights and statewide protections. Graham expressly announced she would push hard for the “Florida Competitive Workforce Act,” which would extend nondiscrimination practices to gay, lesbian, bisexual, transgender and queer Floridians. The bill has been introduced in several successive sessions, gaining increasing co-sponsors and backing by business groups, but has never passed a chamber. She also vowed to sign an executive order as governor to ban discrimination based on sexual orientation or gender identity.

  • 56. VIRick  |  June 2, 2017 at 2:26 pm

    Wisconsin: Next State to Protect Transgender Civil Rights?

    Democratic lawmakers want to protect transgender people in Wisconsin from being discriminated against when they look for housing or apply for a job. On Thursday, 1 June 2017, Reps. Mark Spreitzer and JoCasta Zamarripa and Sen. Tim Carpenter introduced a measure that would make Wisconsin the 20th state to prohibit discrimination based on gender identity or gender expression.

    State law already protects people from discrimination in employment, housing, and the use of public places based on sex and sexual orientation. Spreitzer said recent legal battles, including a 7th Circuit Court of Appeals ruling this week in favor of a transgender Kenosha high school student who wanted the right to use the boys’ bathroom, highlight the need for explicit protections in the law for gender identity.

  • 57. scream4ever  |  June 2, 2017 at 3:14 pm

    New Hampshire will likely be the next state to do so, probably next year, as a bill almost passed this year.

  • 58. theperchybird  |  June 2, 2017 at 4:00 pm

    I hope so, especially now that a state legislature seat flipped to D in a special election recently.

  • 59. VIRick  |  June 2, 2017 at 4:12 pm

    Currently, there are still 3 states with state laws which bar discrimination based on sexual orientation but not gender identity. They are New Hampshire, New York, and Wisconsin. There had been 4, but Massachusetts very recently up-graded its laws to cover both.

    New York currently bars discrimination based on gender identity because of an executive order, rather than because the state law has been changed.

  • 60. scream4ever  |  June 2, 2017 at 11:08 pm

    New York bans discrimination in gender identity in all areas as the result of an interpretation of the state's human rights division that it's illegal, as opposed to just a simple executive order.

    Also, Indiana now bans sexual orientation discrimination in all employment as a result of the recent ruling from the 7th Circuit Court of Appeals.

    Neither are codified officially into state law yet, but it doesn't really matter since they all have the same effect.

  • 61. FredDorner  |  June 2, 2017 at 9:41 pm

    Our GOP-controlled legislature will never pass protections for gender identity.
    It's a bit ironic since WI was the first state to protect sexual orientation, but that was back when the GOP was in the minority.

  • 62. VIRick  |  June 2, 2017 at 11:30 pm

    It is also ironic that the states which banned discrimination based on sexual orientation, but failed to simultaneously add in gender identity at the same time, are all the earliest states to do so. Since then, as a stand-alone issue, all have found it exceedingly difficult to ban discrimination based on gender identity.

    States which came along a bit later had learned that it was best to ban discrimination based on both sexual orientation and gender identity in the same legislation.

  • 63. scream4ever  |  June 3, 2017 at 12:49 am

    Probably because gender identity wasn't as understood as it is now. Also, Wisconsin has since taken a major swing to the right since Scott Walker was elected.

  • 64. VIRick  |  June 2, 2017 at 2:42 pm

    Mississippi: Same-Sex Parent Recognition Case

    A lesbian is asking the Mississippi Supreme Court to recognize her as a legal parent of a child born during her marriage to a woman. Chris Strickland filed an appeal on Thursday, 1 June 2017, arguing a lower court was wrong to rule in her 2016 divorce that only her ex-wife is the legal parent of the child.

    Strickland’s ex-wife, now named Kimberly Day, gave birth to a son conceived with sperm from an anonymous donor. Strickland and Day chose to have the child while they were married; both women were tested for fertility and they decided Day would carry the pregnancy. Court papers say no father is listed on the birth certificate, and the baby boy was given Strickland’s last name.

    Strickland said in an interview that she and Day have shared responsibilities in raising their son, who is now 6. Under the terms of their divorce, the boy lives with Day and stays with Strickland every second weekend and several weeks each summer. When they divorced, Rankin County Chancery Judge John Grant wrote that both women could not be legal parents and: “The court is of the opinion the natural father is (the child’s) father.”

    Beth Littrell of Lambda Legal Counsel, one of the attorneys representing Strickland, said Strickland is seeking the same legal recognition as a parent that courts in most other states already grant to opposite-sex couples who divorce.

    “Mississippi is a particularly challenging state,” Littrell said. She noted that when another lesbian couple sought a divorce in Mississippi, two of the state’s Supreme Court justices wrote in November 2015 that the US Supreme Court had overreached its authority months earlier with a ruling that legalized same-sex marriage nationwide.

    This case is identical to ones from Arkansas ("Pavan v. Smith") and Indiana ("Henderson v. Adams"), two other states which can not understand the concept of presumed second parent when adjudicating matters involving married couples.

  • 65. scream4ever  |  June 2, 2017 at 3:18 pm

    The US Supreme Court is set to reverse Pavan v Smith soon, which will have an effect on this case and the one from Indiana.

  • 66. VIRick  |  June 2, 2017 at 3:53 pm

    Cuba: Symbolic Same-Sex Weddings Are Occurring

    Los Gays Se Casan en Cuba

    Here's an extremely interesting article (in Spanish) about same-sex couples of Cuban birth or heritage, who have already legally married elsewhere, temporarily returning to the island to hold symbolic wedding ceremonies there, mostly just because that is where they come from. What is new is that the Cuban government is allowing it.

    El Toque Cuba is an off-island Spanish-language website focused on gay rights in Cuba.

  • 67. ianbirmingham  |  June 2, 2017 at 6:19 pm

    Organizers of Chinese LGBT conference get detained for 8 hours & forced to cancel their event

  • 68. ianbirmingham  |  June 2, 2017 at 7:08 pm

    US Military Could Block Obama's Decision To Allow Transgender Soldiers

  • 69. scream4ever  |  June 2, 2017 at 11:28 pm

    The leader of the implementation of the new guidelines is saying these reports are not true, and that July 1 is still the anticipated date for trans recruits to enlist:

  • 70. ianbirmingham  |  June 4, 2017 at 1:37 pm

    LGBT troops brace for new fight over transgender troops

  • 71. scream4ever  |  June 4, 2017 at 6:20 pm

    Ah the issue of readiness. When have we heard that one before LOL

  • 72. ianbirmingham  |  June 5, 2017 at 5:11 pm

    Transgender US Air Force Academy Graduate Denied Commission While Pentagon Reviews Guidelines

  • 73. Elihu_Bystander  |  June 5, 2017 at 7:21 pm

    As a retired military dental officer [CDR (DC) USN] who happens to be gay this is very sad news. Do they not know that transgender persons have served successfully on active duty throughout the ages?

  • 74. scream4ever  |  June 5, 2017 at 8:39 pm

    It was a poor choice to pick a summer date for the full implementation to go through. Perhaps they assumed Hillary would be President and that the date would be moved up for recent graduates?

    Also, the article is now saying that the deadline for guidelines regarding trans recruits is July 16, which is a 15 day delay from the previous deadline of July 1.

  • 75. VIRick  |  June 2, 2017 at 7:50 pm

    Perú: Catholic University Approves Trans Reform

    Perú: Universidad Católica Aprueba 'Reforma Trans'

    Per Lima Gay, 1 June 2017:

    La Pontificia Universidad Católica del Perú (PUCP) aprobó la llamada 'Reforma Trans,' que busca el reconocimiento de la identidad de género de los alumnos trans de su comunidad universitaria. Ahora, los alumnos que así lo deseen, podrán solicitar a la PUCP el cambio del nombre, género, y foto que figuran en su Tarjeta de Identidad (TI).

    El Consejo Universitario de la PUCP, integrado por autoridades, profesores, y alumnos, aprobó la mayoría de los puntos contemplados en la propuesta inicial. Cabe señalar que esta iniciativa aprobada en la PUCP marca un precedente en el Perú y es una de las primeras a nivel universitario en la región.

    The Pontifical Catholic University of Perú (PUCP) approved the so-called Trans Reform, which seeks to recognize the gender identity of trans students in their university community. Now, students who so wish, can request the PUCP to change the name, gender, and photo on their Identity Card (TI).

    The University Council of the PUCP, composed of authorities, professors, and students, approved most of the points contemplated in the initial proposal. It should be noted that this initiative approved by PUCP marks a precedent in Perú as being one of the first at the university level in the region.

    In both Bolivia (by law) and in Perú (by court ruling), trans rights have jumped way ahead of LGB rights. With the above announcement, the leading Catholic university in Perú has voluntarily placed itself at the leading edge of society in implementing the recent Peruvian court ruling recognizing trans rights.

  • 76. ianbirmingham  |  June 2, 2017 at 9:00 pm

    Church lady admits in court to being one of 30 people who "slapped, beat and choked a gay man to expel his homosexual demons"

  • 77. Fortguy  |  June 2, 2017 at 10:00 pm

    Sadly, this shit happens all the time in the South, Appalachia, and other backward parts of the US without ever getting press attention. It even happens in progressive cities. Remember that Jim Jones' church of Guyana Kool-Aid infamy began in San Francisco. Accusations against Jones were coming forward even while the SF mayor and council where giving him commendations for his church's charity work.

  • 78. VIRick  |  June 2, 2017 at 11:49 pm

    This court trial for a "gay exorcism" wherein which members of a fundamentalist sect, the Word of Faith Fellowship, literally attempted to beat the gay out of a young man, Matthew Fenner, who is now an ex-member, is taking place in Rutherfordton NC, the county seat of Rutherford County, ironically, the county which has to share its magistrates with neighboring Mc Dowell County, given that all the magistrates in Mc Dowell County, under the North Carolina Magistrates Recusal Law, currently under appeal, have recused themselves from performing any marriage services in that county. The two counties in question, respectively, are south and east of Asheville.

  • 79. Elihu_Bystander  |  June 3, 2017 at 4:27 am

    Targeting of LGBT and Christians in Indonesia raise alarm

    There are growing concerns about the increasing influence of hardliners in the majority-Muslim country of Indonesia.

    One group that is being targeted is the LGBT community, with CNN reporting a few days ago that "in less than 18 months, being gay in Indonesia has gone from widely tolerated to just plain dangerous."

    Last month, two men were caned after being reportedly caught and convicted of having consensual sex and not long after, people caught at a suspected gay party were arrested and had their pictures posted online, notes Sky News.

    A police task force has also been formed in a province called West Java to target LGBT activity.

    Anton Charliyan, the police chief responsible for the task force, has been quoted by Reuters as saying, "I hope there are no followers in West Java, no gay or LGBT lifestyle or tradition. If there's anyone following it, they will face the law and heavy social sanctions. They will not be accepted in society."

    These crackdowns are happening despite the fact that homosexuality is legal in most parts of Indonesia.

    In fact, as human rights activist Benedict Rogers said in a recent Japan Times op-ed, "Indonesia likes to pride itself as a role model—a Muslim-majority democracy that is moderate and pluralistic."

    However, he argues that this is no longer the case, citing the closures of churches and other attacks against religious minority groups.

  • 80. VIRick  |  June 3, 2017 at 1:23 pm

    Guatemala: A Glimmer of LGBTQI Hope

    Per Guate News USA, 3 June 2017:

    La Embajada de EEUU en Guatemala iza la bandera de la comunidad LGBTQI en una sociedad donde legisladores criminalizar el matrimonio igualitario.

    The US Embassy in Guatemala raises the flag of the LGBTQI community in a society where lawmakers criminalize marriage equality.

    Note: The US State Dept. has issued a directive to all US embassies and consulates abroad that if they wish to do so, they can fly the rainbow flag in acknowledgment of June being "Equality Month," despite the fact that the orange asshat-in-charge has failed to make any mention of "Equality Month" whatsoever.

    See the "Washington Blade" for details on the directive, including these comments:

    The rainbow flag was raised over the US Embassy in the Dominican Republic on Friday, 2 June 2017. “So incredibly proud of US Embassy Santo Domingo for raising the Pride flag today,” wrote former US Ambassador to the Dominican Republic, James “Wally” Brewster, on his Facebook page.

    The US Embassies in Chile and Mexico in recent days have also publicly acknowledged Pride month.

  • 81. Fortguy  |  June 3, 2017 at 10:47 pm

    From Rick:

    the orange asshat-in-charge

    I'm fully aware that Bill Maher is rightfully under attack for his flippant use of the n-word in this past Friday's episode of his show, and I denounce that.

    Despite this, on the previous week's episode, he gave his insight into how Trump's base views the president. He described the base as having a faith that Trump would fulfill his campaign promises in some sort of Green Lantern-esque fashion to "Make America Great Again". Maher offered up to Trump's base a new superhero in Trump's visage that he named the "Orange Sphincter".

  • 82. VIRick  |  June 3, 2017 at 11:29 pm

    Or perhaps we could say it more directly in Spanish: El ano anaranjado a cargo.

    Still, I rather like the melodically poetic ring of it in Portuguese: O ânus de laranja.
    Even more expansively, one could also say: O anão de laranja responsável.
    Or even more aptly: O anão de laranja irresponsável no comando.
    Note: In Portuguese, "anão" is a very special word referring to a large "ânus."

    However, in French, it's almost too obvious: L'anus orange en charge.

  • 83. ianbirmingham  |  June 4, 2017 at 1:46 pm

    On June 1, Consul General Ken Gross raised the #LGBTI Pride Flag at U.S. Consulate General Erbil, KRG in honor of Pride Month #Coexistence

    KRG is the Kurdistan Regional Government, which is bordered on the east by Iran, on the southwest by Iraq, and by Turkey on the north.

    The Pride Flag is being proudly flown throughout this month in the very heart of the Middle East by the US Government, only a very short distance from the Iranian border!

  • 84. VIRick  |  June 3, 2017 at 2:39 pm

    Singapore: Record Fundraising for LGBT Pride as Foreigners Are Banned

    Over 100 local businesses have agreed to sponsor Singapore’s “Pink Dot” pride rally as the government tries to shut down foreign support for it. Organizers say that they have raised S$253,000 ($183,000), a record.

    Last year, 18 companies contributed, most of which were foreign multinational corporations. In October 2016, though, the law was changed, barring foreigners from participating. “The more important part is to engage local companies to finally cement the position that the LGBT community is very well respected and accepted here, and I think we did it,” Darius Cheung, who led the fundraising effort, told Reuters.

    Still, banning foreigners from participating in Pride has led to disappointment. “I feel let down… we were looking forward to attending together,” Adeline Yeo said, who wanted to attend with her Polish girlfriend.

    Singapore law bans sex between men, even though the law is rarely used. Punishment is up to two years of prison.

  • 85. VIRick  |  June 4, 2017 at 12:47 pm

    Poland: 13,000 People March in Warsaw Pride

    Thousands of people marched and danced down the streets of central Warsaw on Saturday, 3 June 2017, to show their support for gay rights, calling for stronger defiance of discrimination and greater acceptance for same-sex unions and marriages. The 17th annual “Equality Parade” took place with a deeply conservative government ruling Poland, one that opposes marriage rights or civil unions for same-sex couples.

    Some 40 foreign embassies, including those of France and the United States, expressed their support for the parade. Police estimated that about 13,000 people took part in the event, which is meant as a demonstration of tolerance not only for gays and lesbians, but also for people with disabilities and other marginalized groups. Organizers said 50,000 took part, with participants carrying balloons and the rainbow flags that are the symbol of LGBT rights.

    At one point, several far-right nationalists tried to block the parade but were removed by police.

  • 86. VIRick  |  June 4, 2017 at 7:00 pm

    Tabasco Marriage Equality Up-Date

    Per XEVA Radio Tabasco, 3 de junio 2017:

    El Congreso de Tabasco queda a deber al no aprobar el matrimonio igualitario en Tabasco, afirma José Cruz Guzmán Matías, presidente de Tabasqueños Unidos por la Diversidad y la Salud Sexual A.C. (Tudyssex).

    The Congress of Tabasco keeps insisting to not approve marriage equality in Tabasco, states José Cruz Guzmán Matías, president of Tabasqueños United for Diversity and Sexual Health A.C.

    As per last report, many months ago, at least 3 same-sex couples in Tabasco had successfully obtained amparos to marry there. Since then, we have had very little news.

  • 87. VIRick  |  June 4, 2017 at 7:40 pm

    Mexico: Rector of Universidad Iberoamericana in Favor of Marriage Equality

    Per Cecelia Soto:

    Comparto con ustedes este artículo a favor del matrimonio igualitario, firmado por David Fernández Dávalos, sacerdote jesuita y rector de la Universidad Iberoamericana, publicado el 2 de junio 2017 en "Reforma."

    I share with you this article in favor of equal marriage, signed by David Fernández Dávalos, a Jesuit priest and rector of the Universidad Iberoamericana, published on 2 June 2017 in "Reforma."

    Universidad Iberoamericana is the most prestigious Jesuit-operated (Catholic) university in Mexico. Its main campus is in Mexico City, with branches in Puebla, León, and Tijuana. Separate universities with the same name operate in the Dominican Republic, Paraguay, Ecuador, and Costa Rica.

  • 88. scream4ever  |  June 4, 2017 at 8:09 pm

    That's a big deal!

  • 89. VIRick  |  June 4, 2017 at 8:44 pm

    I have not had the chance to wade through the article itself, but instead, was instantly impressed with its author, and his position as a Jesuit priest and Rector at the most important Jesuit-operated university in Mexico, because if the educationally-focused Jesuits are now coming out in favor of marriage equality, then, definitely, "Yes," it's a big deal, and a major crack in the "catholicity" of the Catholic Church. I am also quite curious to see how this situation plays out with the namesake universities in the 4 other Latin nations already mentioned, let alone in the 3 Mexican states with branches, as we could use "wins" in all 7 jurisdictions.

    In addition, here are some of the particulars on Cecelia Soto González (PRD), an extremely progressive political force unto herself:

    Cecilia Soto González (PRD) is a Mexican politician, currently serving as a federal deputy to the LXIII Legislature of the Mexican Congress. Although born in Hermosillo, Sonora, she represents the Federal District of Mexico City from the fourth electoral region and serves as the President of the Federal District Commission.

  • 90. Elihu_Bystander  |  June 5, 2017 at 4:14 am

    “‘Yes,’ it's a big deal, and a major crack in the ‘catholicity’ of the Catholic Church.”

    The Catholic Church is not the hierarchy/magisterium, but the people of God. This is one of the guiding principals in the Second Vatican Council. Understanding that guiding standard helps us appreciate the actions of Fr David Fernández Dávalos in supporting marriage equality. Likewise, Fr Dávalos’ document is also a testimony to the sensus fidelium (sense of the faithful). When exercised by the body of the faithful as a whole, they manifest a universal consent in matters of faith and morals.

    I share your “[C]urious[ity] to see how this situation plays out with the namesake universities in the 4 other Latin nations already mentioned…”

  • 91. JayJonson  |  June 6, 2017 at 6:42 am

    Historically, the Catholic Church has been on both sides of every controversial issue. It was a major slave holder and promoter of slavery for centuries, yet it takes credit for its work in the abolition movements. It was the great opponent of science and the scientific revolution, denouncing Galileo and Darwin, among many others, yet it now takes credit for promoting science. It hedged its bet re the rise of fascism, supporting dictators like Hitler, Mussolini, and Franco, even as it nominally opposed the Holocaust and later more seriously denounced anti-Semitism. It supported segregation in the South when Jim Crow laws were in effect, yet it also takes credit for its participation in the Civil Rights movement.

    Although the Church is widely believed (and perhaps tries to be) an authoritarian, monolithic institution, it actually allows more flexibility than is apparent from the outside. The Church takes a long view of history and positions itself to eventually be on the right side of history even when it has fought against the "ride side" tooth and nail.

    I fully expect that in about 50 years, the Church will declare that it was always a great supporter of equal rights and equal dignity for LGBT people. They will even point to the Catechism (and forget that they have largely ignored its injunction that homosexuals should be treated with respect and not be discriminated against). They will also point to people like the priests and nuns they have silenced and disciplined for their support of LGBT people and posthumously recast them as heroes and perhaps even saints. They have a genius for rewriting history and adapting to the currents of the time (even if they are usually half a century late).

  • 92. VIRick  |  June 6, 2017 at 11:41 am

    Jay, that historically-focussed "both sides of the issue" interpretation, complete with the re-writing of said history to accommodate, seems fairly accurate, and can be confirmed by simply examining the history of the Jesuits themselves.

    Founded in Spain by Íñigo López de Loyola (Ignazio Loiolakoa), born in 1491 in the small town of Azpeitia in the northern Basque (Euskadi/Vasco) country, and posthumously "sainted" as San Ignacio de Loyola (and the patron "saint" of the provinces of Gipuzkoa/Guipúzcoa and Bizkaia/Vizcaya), most of the Jesuits were eventually hounded out of Spain in the aftermath of the Inquisition due to what was then viewed as their excessively "extreme," liberal, progressive views, particularly in the field of education. The lucky ones clever enough to do so, escaped to the Americas, where they have continued, ever since, to specialize in the field of education. In the meantime, since Ignacio was posthumously "sainted," we're apparently supposed to forget about the Inquisition and its many negative consequences, including the persecution of the self-same Jesuits.

  • 93. JayJonson  |  June 7, 2017 at 8:36 am

    Yes. Another example is that of Joan of Arc, who was burned at the stake as a heretic in 1431 and then declared a heroine (and eventually a saint) 25 years later.

  • 94. VIRick  |  June 7, 2017 at 10:54 am

    It may also be worth noting the manner in which ancient "heroes" and "saints" can be manipulated and re-cycled in more modern times for totally unrelated, even secular purposes. So, Ignacio was a Basque from northern Spain.

    But he has now been caught up in the whole Euskadi nationalist movement (which is why I deliberately utilized the several different languages in my earlier post), despite the fact that he lived centuries before, in a totally different political environment, and actually spent a good portion of his adult life in France. But he was Basque (Euskadi/Vasco), and he was relatively liberal compared to the Inquisition. And so are the modern Basques, when compared to Franco and the Falangist Fascists. And thus, we create (by re-programming) a patron "saint" of the correct ethnicity, fighting oppression, even to the point of dubbing him a patron "saint" of soldiers.

  • 95. VIRick  |  June 5, 2017 at 10:28 am

    Portugal: 7th Anniversary of Marriage Equality

    Per Fundación Iguales:

    Hoy se cumplen 7 años desde que Portugal aprobó el matrimonio igualitario. El matrimonio entre parejas del mismo sexo es possible desde 5 de junio 2010. En el caso de la adopción, ésta fue aprobada en diciembre de 2015, y fue promulgada el 19 de febrero 2016.

    Today marks 7 years since Portugal approved marriage equality. Marriage between same-sex couples has been possible since 5 June 2010. As for adoption, this was approved in December 2015, and was enacted into law on 19 February 2016.

  • 96. VIRick  |  June 5, 2017 at 10:56 am

    Chile: Gender Identity Law and Marriage Equality Law Both Moving Forward

    Este Martes se vota la Ley de Identidad de Género, y hoy se define el estado con MOVILH sobre matrimonio igualitario.

    En el marco de la solución amistosa que el Estado selló con el Movimiento de Integración y Liberación Homosexual (MOVILH), se ha acordado que este martes 6 de junio a las 16:00 horas tendrá lugar en la Sala del Senado la votación de la Ley de Identidad de Género, tras 4 años de tramitación.

    Detalles del tema serán abordado en una reunión a sostener hoy lunes 5 de junio a a las 15:00 horas en el Palacio La Moneda por el MOVILH, el Ministerio Secretaría General de Gobierno y la Cancillería, en el marco de la solución amistosa que es monitoreada por la Comisión Interamericana de Derechos Humanos.

    En la cita de hoy, se abordarán además la fecha y contenidos de la Ley de Matrimonio Igualitario. A la cita, el MOVILH asistirá acompañado del abogado Ciro Colombora, en tanto la fecha acordada para la presentación del proyecto de ley es a más tardar el 30 junio, mientras que el último mensaje presidencial habló del “segundo semestre.”

    This Tuesday, the Gender Identity Act will be voted upon, and today the situation is defined with MOVILH on marriage equality.

    In the framework of the friendly settlement that the State sealed with the Movement for Homosexual Integration and Liberation (MOVILH), it has been agreed that this Tuesday, 6 June at 4 PM, the Senate Chamber will vote on the Gender Identity Act, after 4 years of processing.

    Details of the theme will be addressed at a meeting to be held today Monday, 5 June at 3 PM, in La Moneda Palace by MOVILH, the Ministry of the General Secretariat of Government, and the Foreign Ministry, within the framework of the friendly solution that is monitored by the Inter-American Commission on Human Rights.

    Today's meeting will also address the date and contents of the Marriage Equality Act. At the meeting, MOVILH will be accompanied by the lawyer, Ciro Colombora, while the date agreed for the presentation of the bill will be no later than 30 June, while the last presidential message spoke of the "second semester."

  • 97. scream4ever  |  June 5, 2017 at 11:19 am

    Wonderful. It's great to see that they're serious about this.

  • 98. VIRick  |  June 5, 2017 at 11:48 am

    Malta: Prime Minister Pledges to Bring Marriage Equality to Island by July

    Today, 5 June 2017, Joseph Muscat was sworn in for a second term as Malta’s prime minister, pledging to introduce a same-sex marriage law when Parliament convenes in the next few weeks.

    Official results showed his Labour Party won 55 percent of the vote on Saturday, 3 June 2017, to the opposition National Force coalition’s 44 percent, the same margin as his first victory in 2013. The National Force is comprised of the Nationalist Party and the Democratic Party.

    Malta introduced civil unions in 2014, and Muscat’s decision to move ahead on same-sex marriage recognizes election pledges by the major parties to extend full marriage rights to homosexual couples. Socially conservative, Malta was the last European Union country to pass a divorce law, finally doing so in 2013. Abortion remains illegal.

  • 99. scream4ever  |  June 5, 2017 at 3:54 pm

    Federal District Court rules in favor of Scott Lively, dismisses crimes against humanity suit:

    The judge did go out of their way and say that Lively's actions violate international law.

  • 100. Elihu_Bystander  |  June 5, 2017 at 8:16 pm

    This one really triggers my anger! But what to do?

    IMNAL; however, since the precedence binding ruling is from SCOTUS (Kiobel v. Royal Dutch Petroleum Co), how does one get it declared bad law? Unlike Bruning, Kiobel is a recent ruling. There has been insufficient time to claim doctrinal change. Does it start with an appeal to the First Circuit Court of Appeals? When all the harm done by Kiobel becomes apparent, can there be a petition for a writ certiorari for SCOTUS to reconsider Kiobel?

    Can SMUG get an indictment from the International Court in Burn for crimes against humanity?

  • 101. scream4ever  |  June 5, 2017 at 8:29 pm

    I'm sure this won't be the end of it. Thankfully the law in Uganda was ruled unconstitutional.

  • 102. FredDorner  |  June 5, 2017 at 9:28 pm

    While I'm not surprised that this case went nowhere, I suspect the court's comments about Lively's "odious campaign" will follow Lively wherever he goes.

  • 103. VIRick  |  June 5, 2017 at 10:15 pm

    The International Court of Justice, the primary judicial branch of the UN, sits in The Hague (Den Haag), the capital of the Netherlands.

    I suspect that that's the court to which you are referring. If so, the answer is "Yes."

    The Berne Union, named after Bern/Berne, the capital of Switzerland, affords international copyright protection.

  • 104. ianbirmingham  |  June 6, 2017 at 8:35 pm

    Crimes against humanity go to the International Criminal Court, which is located in The Hague, Netherlands.

  • 105. VIRick  |  June 6, 2017 at 1:52 pm

    In Scathing Ruling, Court Affirms SMUG’s Charges Against Anti-Gay Extremist Lively While Dismissing on Jurisdictional Grounds

    Yesterday, 5 June 2017, a federal court minced no words in affirming that US-based anti-gay extremist Scott Lively aided and abetted the crime against humanity of persecution in a ruling dismissing the lawsuit brought by Sexual Minorities Uganda (SMUG) on a narrow jurisdictional ground.

    “Anyone reading this memorandum should make no mistake,” wrote Judge Michael Ponsor of the District Court in Springfield MA. “The question before the court is not whether Defendant’s actions in aiding and abetting efforts to demonize, intimidate, and injure LGBTI people in Uganda constitute violations of international law. They do.”

    The judge ruled that even though the evidence supports SMUG’s claims that Lively worked to deprive them of fundamental rights, the court did not have jurisdiction as a result of a 2013 Supreme Court ruling issued after SMUG’s case was filed. The ruling in "Kiobel v. Royal Dutch Shell" limited the extra-territorial reach of the Alien Tort Statute, under which SMUG brought its claim. “The much narrower and more technical question posed by Defendant’s motion is whether the limited actions taken by Defendant on American soil in pursuit of his odious campaign are sufficient to give this court jurisdiction over Plaintiff’s claims,” Judge Ponsor continued. “Since they are not sufficient, summary judgment is appropriate for this, and only this, reason.”

  • 106. scream4ever  |  June 5, 2017 at 4:02 pm

    Australia: 26% of Coalition voters say they would be inclined to vote the governing party out of office if same-sex marriage is not approved this term.

  • 107. VIRick  |  June 6, 2017 at 4:25 pm

    North Carolina’s First Transgender Candidate for Congress

    North Carolina has its first transgender candidate for Congress, and she hopes to make headlines that the LGBTQ community in the state can be proud of for a change. Wendy Ella May, a 55-year-old disabled military veteran, is running on a progressive platform in the race to represent District 2. She faces off against incumbent Republican Rep. George Holding, 49, who first won election to Congress in 2012.

    May was a delegate for Bernie Sanders during the presidential election, before eventually supporting Hillary Clinton. She serves as the president of the LGBT Democrats of Johnston County (south-east of Raleigh) and second vice-chair of the Progressive Caucus of the NC Democratic Party.

  • 108. VIRick  |  June 6, 2017 at 4:31 pm

    Texas Legislature's Up-Coming Special Session

    On Tuesday, 6 June 2017, Gov. Greg Abbott announced that the Texas Legislature will meet in a special session, beginning from 18 July, to consider a sweeping wish list of conservative issues, including limiting city annexation authority, additional abortion regulations, and a crackdown on transgender-friendly bathroom policies.

    From the article, Abbott’s special session will include proposals to:
    • Limit transgender-friendly bathroom policies, particularly in schools. Abbott further said he favored legislation that would pre-empt local anti-discrimination regulations, which also would overturn ordinances giving housing and employment protection to gay, lesbian, and transgender Texans.

    • Prohibit local governments from using taxpayer money to fund Planned Parenthood or any abortion provider. Abbott also wanted to sign bills that stalled during the regular session that would ban abortion insurance coverage in private and government plans, and require stricter reporting of complications from abortions.

  • 109. scream4ever  |  June 7, 2017 at 12:28 pm

    In a first for a Republican administration, LGBT Pride Month is recognized:

    While these words should be taken with a grain of salt, I'm happy nonetheless as it's sure to rile up the fundies.

  • 110. scream4ever  |  June 7, 2017 at 12:40 pm

    And now from the Department of Labor:

  • 111. allan120102  |  June 7, 2017 at 3:27 pm

    Puebla to have marriage equality by 2018. The 5 resolutions are ready but thanks to a bigot judge who didnt notify the lgbt groups now they need to wait between 7 to 8 months. The resolutions and the amparo limit of Puebla were resolved in mid 2016 but the judge didnt notify congress either to act. Puebla congress will be notified soon and wether they like or not they need to legalize ssm.
    I think you would like this Rick.
    Gabriela and Monica have been together for five years and as they say with laughter, "they still want to get married". They were one of the couples who initiated a collective amparo in the state of Puebla to be able to get married.

    A few years ago Monica had to enter the hospital and although it was an already distressing moment, it was frustrating for both of them not to allow Gabriela to accompany her, since they did not count (nor could count at that time) with an official document that accredited their Union.

    In 2015 the SCJN declared the ban on same-sex marriage unconstitutional, but in Puebla this reform has been frozen since then

    After two years of waiting, the amparo resolution has been notified in their favor and they will now be able to marry and although this is still not a right for the rest of the LGBTTTI population of the state of Puebla, Equal Mexico continues in the work so that that Hopes do not get longer, in fact, expect same-sex marriage to be a reality for Puebla in early 2018.

    The Equal Mexico project, led by Oaxacan lawyer Alex Alí Méndez, opened the door to same-sex marriage in the Mexican Republic when it began to file for amparos since 2011. In Puebla, the amparos were interposed from 2014, according to The lawyer Guillermo Pérez Jaramillo, representative of Equal Mexico in Puebla.

    In June of 2015 the Supreme Court of Justice of the Nation (SCJN) declared the prohibition of same-sex marriage unconstitutional, but this decision was considered a jurisprudential thesis that does not invalidate the state laws, which means that the couples of the same sex Sex, even after the ruling, can not marry in the states until they make the changes corresponding to their civil code.

    In the case of Puebla this reform to the law, either by recommendation of the federal order or even by international instances, has been in the freezer of the State Congress since the same 2015.

    What has changed then? The amparos interposed by pairs of poblanos in 2014 and 2015 were recently resolved and notified by the SCJN in favor of the protected ones, which gives rise to a new and last judicial process that will force the Congress of the State of Puebla to finally modify the Civil Code .

  • 112. allan120102  |  June 7, 2017 at 3:28 pm

    2/3 In 2014, 15 couples of the same sex filed an amparo through the project of Equal Mexico to be able to marry in Puebla. In 2015 his amparo was rejected by a district judge who asked them, among other things, "to prove that they were members of that population."

    "How are you going to believe they were lesbians and homosexuals?" Who in your right mind asks you to prove a person, for example, to be indigenous? How do you believe? In addition there is a criterion of the Supreme Court that says that it is enough with the simple fact of saying truth so that they create you – says the lawyer Guillermo Perez in interview for Side B.

    In that same year 5 more amparos were filed, in that case they were separately presented cases and each one was rejected by both the district judge and by the collegiate order for the same reasons. Both the collective amparo and the 5 individual amparos had to To continue the process of amparo this time in front of the SCJN, who attracted the cases of Puebla and were of the last cases that the SCJN took before issuing the national jurisprudence where it establishes that "the legal definitions of marriage that contain the procreation like purpose Of it, violate the principles of equality and non-discrimination contained in Article 1 of the Constitution, by unjustifiably excluding same-sex couples. "

    Finally, the six amparos filed in Puebla before the SCJN were resolved in mid-2016 and although it was the responsibility of the sixth district judge to notify the defendants of their decisions, he never did.Recently (some two months ago) and through a review made by attorney Pérez Jaramillo on the SCJN web platform, he knew that the resolutions were ready and the ruling was in favor of same-sex couples, as it has resulted in all Cases on the same subject in the country.By means of an amparo type office, the district judge is asked, arguing on the 6 previous sentences, that the civil code be modified. It is a process that lasts between 7 and 8 months. Of course there will be resistance on the part of the governor and Congress, but even if they delay you will have no choice, the Amparo Act is the one that will force them.

    This General Declaration of Unconstitutionality is established in Chapter VI (Articles 231 to 235) of the Amparo Law. In the case of Puebla for equal marriage, the declaration of unconstitutionality is directed to articles 294 and 298 of the Civil Code of the State of Puebla that speak of marriage and concubinage, in which it is established that both figures are constituted by "a single Man and a single woman, "a definition that is discriminatory for people with different sexual orientation to heterosexual.

    When the amparo is resolved, as it has already happened with other states where the same legal strategy has been carried out, both the marriage and the concubinage will be a right for all people regardless of their sexual orientation and without the necessity of Lodging an amparo.

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