Sunday, 28 July 2013
In various posts this blog has noted GOP gubernatorial candidate for Governor of Virginia Ken Cuccinelli's obsession with gays and re-instituting Virginia's sodomy statue which was invalidated by the United States Supreme Court's ruling in Lawrence v. Texas and more recently by a ruling of the U. S. Court of Appeals for the Fourth Circuit. Why some ask is this so important to Cuccinelli? A situation out of Louisiana demonstrates why maintaining sodomy statutes is so important to the Christofascists and zealots like Cuccinelli. It allows them to entrap gays and hit them with felony charges rather that the mere misdemeanor charges that would apply to prostitution and/or soliciting for sex. The Virginia statute governing prostitution and solicitation reads as follows:
§ 18.2-346. Prostitution; commercial sexual conduct; commercial exploitation of a minor; penalties.
A. Any person who, for money or its equivalent, (i) commits adultery, fornication, or any act in violation of § 18.2-361 or (ii) offers to commit adultery, fornication, or any act in violation of § 18.2-361 and thereafter does any substantial act in furtherance thereof is guilty of prostitution, which is punishable as a Class 1 misdemeanor.
B. Any person who offers money or its equivalent to another for the purpose of engaging in sexual acts as enumerated in subsection A and thereafter does any substantial act in furtherance thereof is guilty of solicitation of prostitution, which is punishable as a Class 1 misdemeanor. However, any person who solicits prostitution from a minor (i) 16 years of age or older is guilty of a Class 6 felony or (ii) younger than 16 years of age is guilty of a Class 5 felony.
§ 18.2-361. Crimes against nature; penalty.
A. If any person carnally knows in any manner any brute animal, or carnally knows any male or female person by the anus or by or with the mouth, or voluntarily submits to such carnal knowledge, he or she shall be guilty of a Class 6 felony . . .
Note that ONLY when a minor is involved does the charge increase to felony status. However, under the sodomy statute (which is still on the books in Virginia thanks to the efforts of Cuccinelli and Del. Bob Marshall), any solicitation is a felony even when a minor is not involved. As a result, the sodomy statute is the preferred vehicle to harass and prosecute gays. Cuccinelli claims the sodomy statute is needed to protect minors, but in fact the current prostitution statute already covers minors and increases the offense to the felony level.
But back to the situation in Louisiana. As John Becker at The Bilerico Project report, Louisiana is doing precisely what Cuccinelli wants to do: target gays under an unconstitutional law in order to charge them with more serious offenses with much more severe punishments:
Sheriff's deputies in the Louisiana parish (county) of East Baton Rouge are entrapping, arresting, and booking gay men in undercover sex stings, according to an investigation by the Baton Rouge Advocate.
It's not about prostitution, as no money ever changes hands and no sex-for-money deals are worked out prior to arrest. It's also not about public sex (although such a sting would still be problematic, for reasons I've discussed previously). No, these men are being targeted, solicited, and then arrested simply for consenting to sexual activity at a private residence.
Since 2011, the newspaper found that least a dozen men have been arrested in East Baton Rouge Parish in similar sting operations, the most recent taking place just ten days ago. And how does the office of Sid J. Gautreaux III, Sheriff of East Baton Rouge (right), justify them? Why, by pointing to Louisiana's anti-sodomy law, of course! Casey Rayborn Hicks, a spokeswoman for the Sheriff's Office, told the Advocate:
"[The anti-sodomy law] is a law that is currently on the Louisiana books, and the sheriff is charged with enforcing the laws passed by our Louisiana Legislature. Whether the law is valid is something for the courts to determine, but the sheriff will enforce the laws that are enacted."When Lawrence was handed down in 2003, Louisiana's then-attorney general issued a statement declaring the state's anti-sodomy statute unenforceable. The unconstitutional ban remains on the books because legislators have so far refused to repeal it, but the state legislature's obstinance doesn't miraculously grant local officials the power to enforce voided laws.
In each of the cases examined by the Advocate, District Attorney Hillar Moore III has refused to press charges due to the absence of any actual criminal activity. So this clearly has nothing to do with enforcing the law or preserving the peace, and everything to do with singling out and humiliating gay men.
Sheriff Gautreaux's shameful stunt has disturbing echoes of an earlier time in America when gay sex was illegal and LGBT establishments and cruising grounds were frequently raided by police in order to shame and intimidate the local LGBT community, satisfy the public's lust for all things salaciously taboo, and fulfill society's seemingly endless desire to claim moral superiority.
Recently in connection with the challenge to Virginia's anti-gay marriage constitutional amendment I noted in a post here and on the Bilerico Project the following observation:
This post would not be complete without acknowledging some of the blow back I have received from previous posts about the case. It seems that some of what many of us living in "red states" view as the self-anointed "gay elite" are displeased that the plaintiffs proceeded to file their lawsuit rather than wait for permission, if you will, from Lambda Legal, the ACLU and others. These the "gay elites" primarily sit safely in gay friendly jurisdictions like New York and Washington, D.C., and lecture those faced with no rights or legal protections, give them a pat on the head and then tell Virginians and others "be patient, we know best." One must not forget that when the Hollingsworth v. Perry suit was filed, these same elites argued against the case being brought. Ted Olsen and David Boies proved them wrong.
Well, the blow back has continued and I have received more slings and arrows for having dared criticize Lambda Legal and the ACLU. I was even accused of harming the LGBT community by my comments. These attacks come, of course, from non-elected individuals serving on self-perpetuating boards that purport to represent the LGBT community, yet they really want no input whatsoever from the community other than (i) writing check after check to their organizations and/or (ii) showing up for events that they tell us to be at. They expect servile obedience even when their organizations may have achieve little or nothing of substance to show for all of the funds they receive.
Some of the attacks I have ignored. Others I have not held my tongue - I know readers don't find that a surprise - and have laid out my personal peeves with Lambda Legal and the ACLU. For newer readers, I will set out why I am not always enamored with these organizations although they have indeed done a great deal of good work. Much of my complaints track to the case of Moore v. The Virginia Museum of Natural History which involved an employee of a state operated museum who was fired for being gay. Other posts on the case are here, and here and here. The case went to argument before the Virginia Supreme Court where my former law school class mate and now Chief Justice, Cynthia Kinser seemed most unhappy - outraged might be a better term - that my client had not simply disappeared rather than fight the wrongful discharge. Not surprisingly, the Supreme Court refused to take the appeal.
Throughout this case, I literally begged for help from Lambda Legal and the ACLU. Sadly, viewing themselves as demi-gods who are arbiters of the fate of others, neither organization provided any assistance. My client was just supposed to crawl away in defeat since the case wasn't in a ideal posture apparently to gain their interest. In the end, the only help I received was from an attorney in the D.C. office of the ACLU who helped me on her own personal time. I will always be grateful to her and her ability to see that every member of the LGBT community deserves to be represented and to have a fighting chance. Would that more individuals at Lambda Legal and the ACLU did not view most of us as disposable goods.
To my attackers, I invite them to compare what they have done with what I have done striving to make things better for our community here in Virginia and across America. Sometimes holding one's tongue is not in the best long term interests of our community. Sycophants are a dime a dozen. It goes without saying that I will be seriously reconsidering my financial support for some organizations.
Each August a friend with the help of some of our Sunday pool party group (we call our friend's home "The Country Club") hosts a "Dinner is Served" party to benefit Access Aids Care, a local AIDS/HIV assistance organization. This year, we are among the hosts and I would encourage local readers to consider attending. It's a fun event (there is always a theme) with good food and adult beverages that raises money for a worthy cause. The theme this year is "Tiaras & Togas" and some attendees will come in costume, although costumes are not required. Here are event details:
We invite you to a Mediterranean Pool Party - "Tiaras & Togas". Please join us for dinner, cocktails and volleyball and many other friends at The Country Club - Saturday, August 3, 2013 to benefit ACCESS Aids Care.
You can purchase your ticket's to the Dinner is Served Mediterranean Pool Party online with your credit card. Click on this link:
http://www.accessaids.org/index.php/special-events/ dinner-is-served/tiaras-togas- dis-party
Can't attend? Purchase tickets anyway and it will be a donation to ACCESS!
Your hosts are Steve Kavanaugh, Rob Economu, Rodger Hall, Tony Wagerman, Perry Edmundson, Harley Handy and Barry Menser
6:09PM until 9:00PM
1425 RYLANDS ROAD, VIRGINIA BEACH, VA 23455
Music by DJ Airrick from the Rainbow Cactus • $100 Prize for Best Dressed Star/Starlet • Lots of Olive Garden Food, Snacks, Beer, Wine, and the Infamous Madras Punch!
Tickets $30 in Advance | $40 at the Door
$50 VIP Tickets • VIP: Open Bar (Premium Liquor)
•100% of All proceeds benefit ACCESS AIDS Care Center for Education & Support Services
• Advance Donation Tickets ay be obtained from any of your hosts (Cash, Credit Card or Checks payable to ACCESS AIDS Care).
Please feel free to bring guests and remember to bring your towel! Also, please be respectful of neighbors and park only on the odd number side of the road.
Dinner Is Served is an annual event held by ACCESS AIDS Care where individuals and groups agree to host parties to help raise much needed funds for ACCESS and the services we provide to the community.
As a thank you to hosts and guests who make a donation you will receive a ticket to the Champagne and Dessert Gala (Date TBD). There we will raise our glasses and celebrate each other and our pledge to assist those suffering from HIV/AIDS in our community.
A big thanks for your corporate sponsor Olive Garden for providing the food for the Mediterranean Pool Party.
As Ken Cuccinelli continues to bring negative publicity to Virginia through his quest to reinstate the sodomy statute which has been twice ruled unconstitutional, Bob Witeck, the president of Witeck Communications who provides consulting services to Fortune 500 corporations and nonprofits on LGBT issues, has an op-ed in the Virginian Pilot that lays out why Cuccinelli and the Virginia GOP's anti-gay agenda is bad for Virginia and its economy. Here are some excerpts:
Virginia has been among America's economic leaders and why so many successful multinational and high-tech firms find their welcome here.
Last month, however, that welcoming reputation darkened when Attorney General Ken Cuccinelli overreacted to the U.S. Supreme Court's decision to overturn the Defense of Marriage Act. Declaring that for 400 years Virginians have defined marriage as between one man and one woman, Cuccinelli then insisted that the repeal of DOMA had no relevance for Virginians.
Such a mindset creates a chill for the state's leading companies and multinational businesses because they walk the walk on nondiscrimination and fairness. Many have earned high scores from the Human Rights Campaign for their equal treatment of lesbian, gay, bisexual and transgender workers.
Volkswagen, Hilton Corporation, Rolls Royce and 32 out of 50 of Virginia's top employers have workplace nondiscrimination policies that include LGBT Virginians. Those companies also include SAIC, Dominion Virginia Power, Lockheed Martin and Capital One - all competing for the same pool of highly educated talent.
This appetite for talent explains why 278 U.S. corporations and employers, including many with workers in Virginia like Marriott, Xerox, Cisco Systems and Starbucks, also urged overturning the Defense of Marriage Act. They know that treating all employees equally is good business - and now that the federal government recognizes same-sex marriages performed in 13 states and Washington, D.C., they can also save money and streamline their own complex payroll and administrative systems.
Consider the greatest irony. Virginia has the nation's largest concentrations of women and men serving on our combined military and federal payrolls. With Don't Ask, Don't Tell lifted, thousands today may also serve openly and proudly regardless of their sexual orientation. And with DOMA consigned to the dustbin, married same-sex couples - even those living in Virginia serving in uniform - will be recognized as married by their employer, Uncle Sam. They will be treated equally under federal tax laws and with health benefits. But not yet by our backward-looking commonwealth.
The competition for superior talent goes hand in hand with appealing communities and welcoming cultures. Very few openly LGBT executives and managers eagerly await job transfer, with spouses and children too, to states like Virginia that insist on denying equal legal protections and stability, or whose leaders neglect the changes that our dynamic economy will bring.
Increasingly, in post-DOMA America, same-sex married couples will align their ambitions with their best interests in choosing to live and work in states that offer them the full respect and equal treatment under the law they need and want for their families. They will find refuge in states where well qualified, openly lesbian, gay, bisexual and transgender people today hold civic offices, among them senators, representatives, judges, mayors and council members. They will see that most Americans judge us on the content of our character and not by whom we love.
[D]iscrimination extracts a price too high for any global competitor. Leading companies expect nothing less from their public leaders.
As noted in the past, I regularly receive calls from LGBT individuals considering a job transfer or promotion that would bring them to Virginia. Many turn down the jog prospect so that they can remain in more gay friendly states. I encourage them to tell their employers or prospective employers, as applicable, why they will not be taking the offer. If these companies hear this story line often enough, they can and will put pressure on politicians prostituting themselves to the Christofascists and hate groups like The Family Foundation.
The hate merchants and Christofascists at the National Organization for Marriage ("NOM") have their panties in a major wad over the issuance of marriage licenses to same sex couples by the Montgomery County, Pennsylvania, county registry. Huffing and puffing NOM is calling the actions "lawlessness" even though NOM has no problem violating campaign finance laws all across the country with open abandon. As always, NOM's hypocrisy is stunning. The county register rightly determined that Pennsylvania's gay marriage ban is unconstitutional in light of the ruling in United States v. Windsor, and therefore began issuing licenses. Think Progress has details:
Alicia Terrizzi and Loreen Bloodgood obtained a marriage license and were wed a short time thereafter Wednesday in Montgomery County, Pennsylvania, despite a state law banning same-sex marriage. The County’s Registry of Wills, Bruce Hanes, had been contacted by another couple earlier in the week about the possibility, and after consulting with his solicitor, Michael Clarke, decided that issuing same-sex licenses was the proper way to honor his oath to uphold the Pennsylvania constitution:
Based upon the advice of Mr. Clarke, my own analysis of the law and mindful of the Attorney General’s belief that Pennsylvania’s marriage laws are unconstitutional, I decided to come down on the right side of history and the law…When I took the oath of office 19 months ago, I swore to uphold the U.S. and the Pennsylvania Constitutions. Article 1 Section 1 of the Pennsylvania Constitution, aptly entitled “Inherent rights of mankind,” says “all men are born equally free and independent, and have certain inherent and indefeasible rights, among which is “pursuing their own happiness.”Article 1, Section 26 of the Constitution says, “Neither the Commonwealth nor any political subdivision thereof shall deny to any person the enjoyment of any civil right, nor discriminate against any person in the exercise of any civil right.”Furthermore, Article 1 Section 28 says, “Equality of rights under the law shall not be denied or abridged in the Commonwealth of Pennsylvania because of the sex of the individual.”Pennsylvania Attorney General Kathleen Kane announced earlier this month that she would not defend a federal challenge to the state’s law banning same-sex marriage because she believes it to be unconstitutional. Unlike many states, Pennsylvania does not have a constitutional amendment enforcing discrimination against gay couples, only a state law. A group of 23 plaintiffs, including ten couples, two of their children, and a widow, are challenging that law in federal court.
The fate of these marriages is unclear, but for now, Hanes has the support of the Chair and Vice Chair of the Montgomery County Board of Commissioners, who called it a historic day. Presumably, he will continue to offer such licenses unless some form of legal action prevents him from doing so.
Subscribe to:
Posts (Atom)
