Summer, 2002  Newsletter (Jul - Aug)

Super DOMA Defeated

The Mass. Legislature voted to adjourn the Constitutional Convention during a joint session on July 17th. By taking this historic vote, the legislature rejected H4840 which required an affirmative vote this session during the Consitutional Convention in order to move forward to appear on the 2004 ballot.
Criticism has been directed against Senate President Thomas Birmingham, who was instrumental in not allowing H4840 to come to a vote, but a letter to the Boston Globe 7/02 is a wonderful asnwer to that criticism:
“Senate President Thomas Birmingham and the legislators who voted to keep a gay marriage ban off the ballot were upholding the highest ideals of democracy.
Complaints about thwarting the will of the people miss an essential point: In the United States, at least for now, human rights are not subject to plebiscite. A vote on whether to ban same-sex marriage is no more permissible than a vote on interracial marriage, on admitting blacks or Mexicans to public swimming pools, on allowing Jews into luxury hotels and Ivy League colleges, on permitting contraception or oral sex among consenting adults—all fervently opposed by a majority of voters in many communities during the last few generations (including my own).
If you don't believe in same-sex marriage, then don't marry anyone of the same sex. But you should not impose your religious and cultural preferences on other citizens.”
[James E. Brodhead, Little Compton, RI]

Hotline Needs You!

Friends of Cape Cod GLBT’s have been running an information hotline for several years, but we need more volunteers. Training will be provided, but mostly what is needed is a friendly voice and some listening skills.
The open time slots are as follows:
Friday and Saturday 11pm - 7am
Wed, Thur, Sat 7am - 6pm and 6pm - 11pm
Sunday 7am - 6pm
For more information or to volunteer for one of these time slots, call Barry 508-790-0543 or Pem, 508-432-8119.

Death Benefits Allowed
[Washington Post 7/26/02]
President Bush signed a bill allowing death benefits to be paid to the domestic partners of firefighters and police officers who die in the line of duty, permanently extending a federal death benefit to same-sex couples for the first time.
The new law allows a $250,000 federal benefit for survivors of public safety officers to be paid to any beneficiary listed on the victim's life insurance policy. Until now, the money has been available only to spouses, children, and parents.
Domestic partners are not included in other federal death benefits. Members of the military may leave the proceeds of their life insurance to anyone they wish, but government benefits--including monthly survivor payments and burial assistance--can go only to a surviving spouse or child.

FL Discriminates Again!

In September, voters in Miami-Dade County, FL, will decide whether to repeal the portion of the county's human rights law that bans discrimination against gay, lesbian, and bisexual people. If repealed, it would become legal in Miami-Dade to fire someone from their job, kick them out of their apartment, or deny them access to public accommodations simply because of sexual orientation. No on Discrimination/Save Dade has spearheaded a campaign to defeat the ballot measure, but help is needed to win. Consider joining a team of folks who will go to Miami prior to election day on September 10 to help with the final voter contact push. Local organizers will provide community housing for volunteers, who must pay their own airfare, food, and rental car costs. Contact Dan Hawes, at 202-332-6483 x3222 or email dhawes@ngltf.org.

“Coming Out” Ad

Our PFLAG chapter is working with the Gale Fund and other donors in support of a large ad in The Cape Cod Times for Coming Out Day on October 11. Doris Scherbak is coordinating this effort and would appreciate help. We’re looking for businesses, organizations, and individuals to sponsor the ad. Please call Doris at 240-2737.

NJ Gay Marriage Attempt

Lambda Legal is filing a lawsuit in New Jersey on behalf of seven same-sex couples who have been denied marriage licenses. Lambda's lawyers argue that New Jersey is violating the state constitution's guarantee of right to equal protection by excluding gay and lesbian couples from the institution of marriage and the hundreds of benefits bestowed upon the legally wed, including spousal inheritance rights and pension and Social Security benefits upon a spouse's death.
The decision to file in New Jersey was not random, since homosexuals and same-sex couples with children already enjoy a comparatively generous array of rights and protections there. New Jersey was among the first to enact antidiscrimination and hate-crimes legislation that included gay men and lesbians in its protections, and its Supreme Court is considered among the most liberal in the nation.

Sodomy Law Struck Down

On July 5, the Arkansas Supreme Court upheld a lower court's ruling that the state’s anti-sodomy law is an unconstitutional invasion of privacy. Passed in 1977, the law punished consensual same-gender sex with up to a year in jail and a $1000 fine. Although the law has never been used to prosecute any citizens, seven plaintiffs filed a suit through the Lambda Legal Defense and Education Fund because they did not want to be considered criminals under state law. Originally filed in January 1998, the lawsuit was fought by the state and was submitted for summary judgment in 2001. When Judge David B. Bogard of the Pulaski County Circuit Court declared the law unconstitutional, the state Attorney General's office appealed the decision to the Supreme Court, which concurred with Bogard's ruling. Before the court decision, Arkansas was one of five states with anti-gay sodomy laws. The other states are Kansas, Missouri, Oklahoma, and Texas.
States with laws prohibiting sodomy between both same-sex and opposite-sex partners are Alabama, Florida, Idaho, Louisiana, Mississippi, North Carolina, Puerto Rico, South Carolina, Utah, and Virginia.

Safe Schools Program Ends

Governor Jane Swift vetoed a line item that included funding for the entire Safe Schools Program. The program has been a national leader in addressing school harassment and the attempted suicide rates faced by GLBT young people. Let the people in charge know that you want the program funded. Governor Jane Swift, Room 360, Boston, MA 02133 Phone 617-727-6250.
The Safe Schools program is an important support for Gay/Straight Alliances in high schools across the state. Pre-serving GSA’s is vital for the health and well being of GLBT students.

CA Teacher Wins Case
[GLSEN.org]
A court in Hayward, CA, ruled August 8, in favor of a San Leandro High School teacher who sued the district and its superintendent after he was disciplined in 1998 for discussing racism and homophobia in his classroom without first asking permission from administrators.
The Judge ruled in favor of English teacher Karl Debro's claim that his constitutional right to free speech was violated. A jury awarded Debro, a married father, $500,000 in emotional distress damages -- $50,000 more than his lawyers were seeking. The case continues later this month when it enters a penalty phase that could claim damages from San Leandro Superintendent Tom Himmelberg, who was found to have engaged in "oppression, fraud or malice."
"This ruling is a victory for students and educators across the country," said GLSEN’s Eliza Byard. "As we begin a new school year, it is important that this case be held up as an example of what can and should happen when administrators attempt to silence teachers who are working to end bias toward lesbian, gay, bisexual and transgender students and staff."

Don’t Ask Don’t Tell
By Rona Robinson
According to the April issue of Bay Windows, the Service-members Legal Defense Network reported an upsurge of anti-gay harassment complaints and discharges in the military in 2001. According to Department of Defense figures, the Pentagon discharged a record 1250 men and women, averaging three to four service members a day, because they are gay lesbian or bisexual. This is the most gay discharges since 1987.
The “Don’t Ask Don’t Tell” policy undermines the nation’s security. It forces men and women to hide and remain secret from those they work with. It also forces them to leave behind a career they were trained for. The Army has the most discharged soldiers (616) of the four services, and thirty percent of these are women.
I served from 1977 to 1983 at Fort Sam Houston in Texas as a medical specialist. I was constantly harassed and accused of being gay because I didn’t socialize with the enlisted personnel in my unit. I feel that the armed services personnel should be taught to respect each other regardless of race, rank or sexual orientation. If this were done, gays, lesbians and bisexuals would not have to hide and there would be no secrets. Everybody would get along and we could get down to the business at hand.

GALE Fund Reception

The annual reception for the 2002 grantees of the GALE Fund will be held October 9 at the Museum of Fine Arts in Dennis, 6 - 8 pm. Mark your calendars and plan to attend.

Homophobic Teacher Loses Case
[ACLU Lesbian & Gay Rights Project, 6/20/02]

A federal appeals court ruled that a Minneapolis public school met its legal obligation by giving alternative restroom options to a teacher who did not want to use the same facilities as a male-to-female transgendered employee.
High school teacher Carla Cruzan complained that allowing transgendered library employee Debra Davis to use the women's bathroom violated Cruzan's religious freedom and created a hostile workplace based on sex. As a result, the school provided Cruzan with access to several other bathrooms, including single-person facilities. Unsatisfied with the school's accommodation for her, Cruzan asked a federal court to block Davis from using the women's restrooms at school.
Cruzan lost, and appealed to the US Court of Appeals for the 8th Circuit, in St. Louis, where she lost again. The three-judge panel of the federal appeals court upheld the school district's restroom policy, saying, "The school district's policy was not directed at Cruzan, and Cruzan had convenient access to a number of restrooms other than the one Davis used. Cruzan does not assert Davis engaged in any inappropriate conduct other than merely being present in the women's faculty restroom. Given the totality of the circumstances, we conclude a reasonable person would not have found the work environment hostile or abusive."
It should be noted that students, teachers, staff, and parents at the school supported Davis and the school's handling of the situation.

Into the Marriage Pool
[Excerpted, Barbara Donlon, Boston Herald, 7/28/02]

It's a woman's prerogative to change her mind, and after several years of reflection on the subject of gay marriage, I've done just that. Six years ago, I wrote a column which said we should consider carefully before tinkering with the traditional “one man and one woman" definition of matrimony.
But now I have six more years of marriage under my belt, and at this point my feeling is: Anyone who wants to dive into wedlock should be welcome to join the ranks of the married.
If a single-sex committed couple wants to cement their bond, why should that be any of my beeswax? How does it ''threaten" my marriage if two people who happen to be gay obtain legal recognition for their union and the inherent benefits it brings, like health coverage not solely at an employer's whim?
I say to anyone who thinks they have a good thing going and are willing to commit to it for the long haul: Come on in, the water's fine, if occasionally choppy.

Virginia Adoptions
[PlanetOut.com 8/14/02]

The state of Virginia has agreed to let an Arlington lesbian adopt a child from the Washington, DC foster care system, and to clarify its policies on out-of-state adoptions. The agreement settles a lawsuit filed on behalf of Linda Kaufman by Lambda Legal Defense and Education Fund. Kaufman, an Episcopal priest who lives with her partner in the district, adopted a five-year-old boy 1992. Starting in 1999, she began the process of adopting a second child, but this time she ran into difficulties with the Virginia Department of Social Services. They told Lutheran Social Services not to file the paperwork, because the placement would not be considered. When Lambda sued, the state initially tried to have the suit dismissed on the catch-22 grounds that no adoption paperwork had officially been filed.

NY Times to Print Gay Announcements
[Excerpted from Boston Globe 8/18/02]

The New York Times will begin printing announcements of same-sex unions starting in September. The current ''Weddings'' section will be renamed ''Weddings/Celebrations'' and the same-sex announcements will be integrated with the wedding items.
The Boston Globe, which is owned by The New York Times has been reviewing its policy, which currently precludes such announcements. ''We're well underway in our review of the issue,'' said editor Martin Baron. The Globe operates independently and will make its decision on its own schedule.''

Note from Pem

This year's Cape Cod Gay Pride Day was held at the CIGSYA building, Elm Street, Hyannis. (Yes, CIGSYA is correct--they have added an 'S' to the logo: Cape & Islands Gay, Straight Alliance.) The west end of Elm St. was closed off, allowing space for vendors and interested groups to set up tables. PFLAG had a table with free pamphlets, and books and t-shirts for sale. (We have only one unsold t-shirt, so if you want one, you better get it now.
Health Signs sponsored a most moving service at 10 am at the Federated Church on Main St. before the parade. This was an interdenominational presentation in which many traditions gave the good news of their churches stand in the process of reconciliation. We heard some very hopeful words!
The parade was enlivened by two fine marching bands and several floats for the one-mile route of mostly happy and cheering bystanders. The route was monitored by volunteers and the Hyannis police, and it was a peaceful happening. Hope to see more PFLAGers next year, so plan now for July 2003. In the meantime, we hope to see you at one of our monthly meetings. Get your PFLAG fix once in a while.
P.S. We'11 keep you posted about the positions of the candidates for governor on GBLT issues. So far we hear that Robert Reich is sensitive to many of our concerns, especially the Safe Schools Program, which is in jeopardy because of the budget crisis, and gay marriage, which he supports.

GLBT Conference in CT

Transcending Boundaries, October 4-6, 2002, at Central Connecticut State University, New Britain, Connecticut., is a northeast regional conference on transgender, bisexual, intersex, and other sexual minority community issues. Bring your questions and answers, your family and friends for education, entertainment, activism, and much more!
The cost has not been determined, but it will be affordable, and a sliding scale will be available for individuals who cannot afford the regular fee. Saturday-only and Sunday-only registration may be available. For information: email Lisa at r27@attbi.com, call Jay at 845-331-3616, or visit www.transcendingboundaries.org

PFLAG Nat’l Conference

The keynote address that opens PFLAG's National Con-ference Sept 27 - 29 in Columbus, OH, will be by James Hormel, the US’s first openly gay Ambassador, who will attend with his eldest daughter.
Anne Toran is planning to represent PFLAG/Cape Cod at the conference. If anyone else is interested, please call 240-2737.

GLBT Group Info

Brewster Gay Men meet the first and third Mondays of each month at the First Parish Church, Brewster. 430-2818
CISGYA meetings every Wed & Thur 7pm for age 22 & under
Straight Spouse meets third Thursday of each month. 896-9060
Metropolitan Community Church meets 1st and 3rd Sundays, 3pm, Sanctuary of First Parish Church. 385-2873 or 430-2682
Transgender Support meets fourth Sundays, 3pm, Brewster, and second Mondays, 7pm, CIGSYA House, Hyannis. 432-8119.

Dates to Remember

Aug 19, Sep 16, Oct 21, Nov 18:: Brewster PFLAG, 7 pm
Aug 15, Sep 19, Oct 17, Nov 21: Straight Spouse, 896-9060
Aug 25, Sep 9 & 22, Oct 14 & 27: Transgender Spt 432-8119
Sep 27 - 29: PFLAG National Conference, Columbus OH
Oct 4 - 6: Transcending Boundaries Conf., New Britain, CT
October 9: GALE Fund Reception, MFA, 6-8pm
October 11: National Coming Out Day

PFLAG/Cape Cod, Brewster
PO Box 1167 Orleans, MA 02653

MISSION: Promote the health and well-being of gay, lesbian, bisexual, and transgendered persons, their families and friends, through Support, to cope with an adverse society; Education, to enlighten an ill-informed public; and Advocacy, to end discrimination and secure equal civil rights.
MEETINGS: 7 pm on the third Monday of each month at First Parish Church, Brewster; everyone is welcome. For information call 240-2737 or 432-8119.
MEMBERSHIP: Dues-paying members support the efforts of PFLAG both locally and nationally. Ten dollars goes to PFLAG National (includes subscription to Pflagpole), and the balance is used for our own Newsletter and the purchase of pamphlets, books, and videos. Our fiscal year begins October 1.
OFFICERS: Co-Leaders, Pem Schultz & Rob Lewis; Treasurer, Martha Berndt; Corresponding Sec’y, Betsy Cochran; Publicity, Martha Berndt; Newsletter, Doris Scherbak and Joann Figueras; Program, Sandy Bayne; and Library, Randy Kendell;.
NEWSLETTER: Published four times a year. Send articles to above address or e-mail joann@pflagcapecod.org.
WEBPAGE: www.pflagcapecod.org

_____$35 Family_____$25 Individual _____$15 Limited income
$________________Additional donation for our local chapter.
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Checks are payable to PFLAG/Cape Cod, Brewster. Mail to Martha Berndt, 2 Englewood Dr. H-5, Harwich, MA 02645