Professional Documents
Culture Documents
YOUR FREE ■ NYPD RESPONDS ■ BRUTAL B’KLN ATTACK ■ ANNIE PUTS EM AT EASE
WEEKLY Prostitution arrests Bushwick man brain- Leibovitz captures
valid, city says dead in bias assault moments between moments
NEWSPAPER P. 6 P. 7 P. 24
A M E R I C A’ S L A R G E S T C I R C U L AT I O N G AY A N D L E S B I A N W E E K LY N E W S P A P E R !
Gay City
NEWS
TM
S E R V I N G G A Y, L E S B I A N , B I A N D T R A N S G E N D E R E D N E W Y O R K • W W W . G A Y C I T Y N E W S . C O M
■ POLITICS ■ POLITICS
NJ State Senate
Commission Leader:
Urges Gay Civil Rights
Nups Now Can’t Be
BY PAUL SCHINDLER Bargained
I
n a report comprehensive BY PAUL SCHINDLER
in scope and sweeping in
I
its conclusions, an official n a stunning reversal, Mal-
government commission in colm Smith, the Queens
New Jersey recommended that Democrat in line to become
the Legislature change state the leader of the State Sen-
law “to allow same-sex couples ate should his party hold on
to marry” and to do so “expe- to the fragile 32-30 majority
ditiously because any delay in it won in the November elec-
marriage equality will harm all tion, announced he was end-
the people of New Jersey.” ing negotiations with the so-
The findings, released on the called Gang of Three, a trio of
rebellious city Democrats who
P. 2 had threatened to withhold
their support for him in next
■ EDITORIAL month’s leadership contest.
Significantly, Smith repu-
UN effort diated a deal it was widely
to decriminalize reported he had made with
■ 14 Senator Ruben Diaz, a Bronx
—————————————— Democrat and Pentecostal
■ A PIONEER’S DEATH minister, who shortly after
Eleanor Cooper the election said he would not
vote for any Senate leader who
was 68 would bring a marriage equal-
■ 10 ity bill up for a vote. A meeting
——————————————
DOUG MESZLER/COURTESY EMPIRE STATE PRIDE AGENDA
About-Face
complete 2009-2010 legislative
session.
“We are suspending nego-
tiations, effective immediately,
because to do so otherwise
would reduce our moral stand-
Malcolm Smith Walks ing and the long-term Senate
Democratic commitment to
CRAIG LUCAS’ ‘PRAYER’ Back from Precipice reform and to change,” Smith
20 © GAY CITY NEWS 2008 • COMMUNITY MEDIA, LLC, ALL RIGHTS RESERVED P. 8
2/ Politics 11 - 17 DEC 2008
M
att Baney joined bid conditions,” Urbina said. dles 15 to 20 PEP cases every
Saint Vincent Catho- “Thirty percent are co-infected month.
lic Medical Centers with hepatitis C, a fair share of “The majority are men who
in 1992. He remembers when them have either mental illness have sex with men, but we’ve
the prospects for an HIV-pos- or substance abuse issues or had a lot of sexual assaults
itive person were grim and both. These are not your Park and we’ve also had persons
healthcare providers had little Avenue patients.” that identify as heterosexual,”
to offer such individuals. What is most striking, in Urbina said.
“At that point, we were hous- comparison to 1992, is that The center is also working
ing up to 200, 220 patients per the HIV center is now offer- with the city health depart-
day,” said the director of the ing cutting edge services and ment since the department’s
hospital’s Comprehensive HIV treatments to people with HIV. May implementation of pooled
Center. “Patient stays were The state health department PCR testing, an HIV test that
very short... Patients came in will spend $290,000 a year for can identify individuals within
䉴 NEW JERSEY, from p.2 same-sex couples, but because partners and for young people afford the financial and legal a notable exception — to rec-
of the term used by statutes first coming out and faced with advice necessary to protect ognize same-sex marriages
finally removed from the hos- establishing government sanc- prospect that they can never each other, their retirement, from those states where they
pital by security. tioned same-sex relationships,” enjoy the same family status and their life after the death of are legal will continue to cre-
Most of the employers who the Review Commission wrote. as their heterosexual peers. one of the partners. ate inequalities for same-sex
refused to extend equal bene- In fact, testimony from Mas- Dr. Judith Glassgold, presi- The Review Commission couples. Access to federally-
fits to civil union couples cited sachusetts pointed to employer dent of the New Jersey Psycho- pointed to the broad public funded programs, such as
the federal Employee Retire- acceptance of same-sex mar- logical Association, who works benefits of extending marriage Medicaid, as a spouse or mar-
ment Insurance Security Act riages despite the potential with children, adolescents, rights to same-sex couples, ried couple would be barred,
(ERISA) that exempts from for them to invoke the ERISA and their families, testified that estimating that the weddings of and married couples traveling
state regulation all companies loophole. Tom Barbera, a vice unequal treatment in terms of 10,589 New Jersey couples, or outside New Jersey might face
that “self-insure,” rather than president of that state’s AFL- relationship recognition harms approximately one half of the limitations on having their
relying on a third-party insur- CIO, testified, “From the first children in gay and lesbian total identified by the Census, spousal status recognized - in
er to take on the cost risk of few weeks after May 17, 2004, families. over the next three years, plus emergency health care situa-
their health care benefits plan. when marriage equality took The Review Commission the influx of wedding tourists tions, for example.
According to the Review Com- effect in Massachusetts, ERISA report noted that transgen- to the state, would generate Still, Garden State Equal-
mission, an estimated 50 per- has barely been an issue in dered people who married $284 million in economic activ- ity’s Goldstein argued, it would
cent of all companies in New Massachusetts... In the first while living in their birth gen- ity during that period, create likely be easier for a gay man or
Jersey self-insure. few weeks of marriage equality, der but now having transi- 800 jobs, and increase state lesbian to explain that they are
It is not clear whether full only a few companies chose tioned receive no clarification and local tax revenues by $19 their partner’s spouse than to
marriage rights for same-sex not to provide retirement ben- about their marital status as million. spell out that the couple enjoys
couples would alter the legal efits under ERISA to same-sex the result of the civil union law. The report pointed to a sim- civil union rights.
impact of ERISA — New Jer- couples.” Whether they remain married ilar range of benefits identi- The Commission recom-
sey might still be constrained The Review Commission or are now considered to be in fied last year by the New York mended that the domestic
from requiring equal treatment in New Jersey found a mark- a civil union - or neither -is an City comptroller in assessing partnership law that allows
under self-insurance plans — edly different experience under unanswered legal question. the potential impact of mar- couples in which one partner
but the Review Commission civil unions, and stated that Dr. Sylvia Rhue, director of riage equality here, and noted is 62 or older to have their rela-
argued that in practice the the problem had not lessened religious affairs for the Nation- that a range of observers in tionships enjoy government-
ERISA problem would largely since the law took effect. al Black Justice Coalition, Massachusetts have found recognized legal status be
subside. Dr. Marshall Forstein, a testified about the economic a positive benefit from the retained. More than 150 such
“The testimony suggests Harvard Medical School psy- burden facing poorer couples, migration of skilled gay cou- couples have registered as
that employers may decline to chiatry professor, testified that many of them people of color, ples to that state since 2004. partners, presumably to avoid
provide insurance and health a purportedly separate but who are not given equal treat- The report did acknowledge the complications in their
benefits to civil union partners equal relationship status for ment by their employers. that the refusal of the federal estate planning, likely already
not because of an objection to same-sex couples was psycho- Unlike more affluent couples, government and most state underway, that marriage
the government recognition of logically harmful both for such this population often cannot governments — New York is would have entailed.
4 11 – 17 DEC 2008 WWW.GAYCITYNEWS.COM
R
esponding to emailed the business has violated the
questions concerning terms of the June stipulation.
prostitution arrests of “The defendants agreed to be
gay and bisexual men in Man- subject to an injunction against
hattan porn shops, the police prostitution as well as lewdness
department’s deputy commis- or assignation at the premises,”
sioner for public information Taussig wrote. “The quoted lan-
cited statistics that suggest that guage is only one element of a
cops are targeting older men in presentation by the city to dem-
one East Village porn shop. onstrate the defendants’ fla-
“So far in 2008, 31 out of grant disregard of the stipula-
179 men who were arrested for tion. More specifically, it is but
prostitution-related offenses in one part of an undercover offi-
Manhattan South were above cer’s description of his observa-
the age of 40,” wrote Paul J. tions of prostitution as well as
Browne in a December 3 email. his interaction with an individ-
“In other words, 82.7 percent ual who was observed engaging
were younger, often in their in oral sex.”
20s.” The man who refused the
However, police have arrest- officer’s money, identified as
ed 12 men in Blue Door Video “JD asian,” for John Doe, was
LGBT Center rights. The group’s executive nity News collective of the Gay Band in to participate in the Inaugural primaries, she is a deputy mayor
Director Burns director is Urvashi Vaid, who late-1970s. The group has been Inauguration; Parade,” President-elect Barack of Los Angeles.
Out once led the National Gay and referred to over the years, affec- Lesbian in Obama said in the release, words
That’s not really fair to Lesbian Task Force. tionately and otherwise, as the Administration we can’t imagine George W. Bush Pat Boone,
Richard Burns, after 22 years Burns and Vaid go way back Massachusetts Mafia. For the first time, an LGBT- saying, though he did participate Religious Right
as executive director of New — along with Lambda Legal’s More on the Burns transition identified group will march in the in the recent Kennedy Center Go Around the
York’s LGBT Community Center, executive director Kevin Cath- in the coming weeks. His suc- president’s inauguration parade. honors for Barbra Streisand. Bend
but I couldn’t resist the head- cart of Lambda, Tim McFeeley, cessor will take over “the larg- The Inaugural Committee said in That’s so gay. Pat Boone once sang “April
line. Burns has actually shown formerly head of the Human est LGBT multi-service organiza- a release that the Lesbian and Obama made his first out Love,” but now he is spewing
remarkable staying power, Rights Campaign Fund, Sue tion on the East Coast” and sec- Gay Band Association will have gay or lesbian appointment this December hate, writing that
but is moving on in February Hyde, who is with the Task ond largest such center in the a contingent in the January 20 week, naming Nancy Sutley as “there is a real, unbroken line
to become the chief operating Force, and the late educator, world, serving 6,000 people and procession. head of the White House Coun- between the jihadist savagery in
officer at the Arcus Foundation, writer, and activist Eric Rofes 300 groups annually, according “I am honored to invite these cil on Environmental Quality. A
part of whose mission is LGBT — to Boston’s Gay Commu- to a Center release. talented groups and individuals Hillary Clinton supporter in the 䉴 BRIEFS, continued on p.7
11 - 17 DEC 2008 Crime/7
7 DAYS Hate Crime Victim Brain-Dead
䉴
7 NIGHTS Assailants shout anti-gay, anti-Latino slurs, attack Brooklyn Ecuadorean
THU DEC 11, from p.2 BY PAUL SCHINDLER
HOLIDAYS
A
brutal attack in which
A Grab Bag, three men wielded an
Indeed aluminum baseball
He’s run for mayor, been toastmaster bat and a beer bottle as well as
general at far too many glittering occa- anti-gay and anti-Latino slurs
sions to recall, and tonight he’s Santa has left one of two Ecuador-
Claus. Come sit on Santa Murray Hill’s ean brothers, walking home in
sexy lap, tell him what you want, and Bushwick early on the morning
get a photo taken with him. The beloved of December 7, brain-dead, kept
entertainer but oddly infamous personal- breathing solely through the use
ity will be joined by the Babeland Elves of a ventilator.
THEATER
FRI.DEC.12 when a carload of men jumped
out and assaulted the younger
man.
City Council Speaker Christine Quinn, flanked (front row) by Brooklyn Borough President Marty Markowitz and Bronx Assemblywoman Carmen
Arroyo, at a December 8 press conference denouncing the Bushwick attack.
Madame Secretary According to police, one saying Jose had been targeted a broad swath of political, legal, Galen Kirkland, the com-
New Georges, the Obie Award-win- assailant broke the bottle over because of his “skin color.” and religious leaders, including missioner of the State Division
ning downtown theater company, pres- Sucuzhanay’s head. After the A police source told Gay representatives of the Ecuador- of Human Rights, was also on
ents the premiere of Wendy Weiner’s victim fell to the ground, anoth- City News that the assault is ean and LGBT communities, hand.
“Hillary: A Modern Greek Tragedy with er of the attackers began beating informally being treated as a such as the AVP and the LGBT Walter R. Sinche, director
a (Somewhat) Happy Ending,” directed him with the bat. Romel Sucu- homicide despite the fact that Community Center. ejecutivo of Alianza Ecuatori-
by Julie Kramer. Mia Barron (Tom Stop- zhanay managed to flee from the Sucuzhanay clings to life, and Quinn opened the session ana in Queens, noted that just
pard’s “The Coast of Utopia”) and TV path of the first assailant who a spokesperson for the Medi- by terming the attack “a hate- a few weeks ago a gang known
actor Darren Pettie head up the cast as chased after him with the bro- cal Examiner’s office said that ful and despicable act” and as the Caucasian Crew stabbed
Hillary and Bill Clinton. When a young ken beer bottle. He finally pre- no death certificate has been warning the perpetrators “you to death a 37-year-old Ecuador-
girl named Hillary Rodham devotes vailed on the men to stop beat- filed but that the office was will be apprehended, you will ean immigrant, Marcelo Lucero,
herself solely to Athena, the goddess ing his brother when he showed notified of the situation. be apprehended and pros- in Patchogue, Long Island.
of wisdom, Aphrodite, the goddess of them that he had a cellphone to Sucuzhanay is at Elmhurst ecuted to the fullest extent of Carmen E. Arroyo, a Bronx
love, takes revenge by having her fall use to call police. Hospital Center in Queens, the law.” She noted that both state assemblywoman who
in love with a man of mythical charms There was at least one other and his parents are en route the police and the Brooklyn chairs the Puerto Rican and
and appetites. The Living Theater, witness to the assault besides from Ecuador. The family said district attorney are investigat- Latino Caucus, said of the
21 Clinton St. –– that’s right, Clin- Romel, according to police, who that they are awaiting their ing the assault as a hate crime, attack on Sucuzhanay, “It
ton St. –– btwn. E. Houston & Stan- said the assailants were black arrival before making fur - and explained how such an was not a crime against one
ton Sts. Wed.-Mon., 8 p.m. through men riding in a red or maroon ther medical decisions. Romel enhancement to the criminal person, it is a crime against a
Dec. 20. Tickets are $20; $18 for stu- SUV. The NYPD released a had been visiting his brother charge would, upon convic- community.”
dents & seniors at smarttix.com or description of one of them — a Jose from Ecuador on a two- tion, lead to a stiffer penalty. The AVP will join with Make
212-868-4444. thin man about 6-foot tall wear- month visa. At a press confer- Brooklyn District Attorney the Road NY, a Bushwick-based
✯ ✯ ✯ ✯ ✯ ✯ ✯ ing a dark cap, leather jacket, ence at City Hall on December Charles J. Hynes has been par- social action group, and other
jeans, and boots. 8, Diana Reyna, the Council ticularly outspoken and active organizations to express their
Circus In Space Police and other officials who member who represents Bush- among prosecutors in the state outrage over the attack at Make
Elizabeth Streb presents “Invisible have spoken publicly about the wick, said, “The family has regarding hate crimes, and his the Road’s office at 301 Grove
Forces,” which combines the thrills of crime have noted that the two made the decision to not let chief of Civil Rights & Police Street, near the intersection of
the circus, the heart thumps of a great brothers were walking arm-in- him suffer any more.” Integrity in the Rackets Division, Myrtle and Irving Avenues, on
adventure movie, and the velocity of arm, a detail presumably men- The City Hall press confer- Charles M. Guria, was on hand Sunday, December 14 at 2 p.m.
the Indy 500 in one big, crowd-pleasing tioned to provide some reason ence, called by Council Speaker to emphasize the priority the The closest subway stops are
action event. Beautiful bodies engaging why the assailants screamed Christine Quinn, a Chelsea case would have in his office. Myrtle-Wyckoff on the L and
sexy new hardware in show-stopping anti-gay taunts at the men. The Democrat who once led the “We are absolutely shocked Knickerbocker on the M. Call
pieces will keep audiences on the edge New York Times quoted a third New York City Gay and Lesbian and appalled at this senseless 718-418-7690 for more infor-
of their seats, wherever in space those brother, Diego Sucuzhanay, as Anti-Violence Project, included and bigoted attack,” he said. mation.
seats happen to be. SLAM, 51 N. First
St., btwn. Kent & Wythe Aves., Wil-
liamsburg. Fri., Sat. 7 p.m.; Sat., 䉴 BRIEFS, from p.6 I’m referring to the anger, the violence.” Well! Makes you the New York Times on December a “Big Lie” ad of unprecedented
Sun., 3 p.m., through Dec. 21. Tickets vehemence, the total disregard wonder who lost their marriage 5 titled “No Mob Veto,” decrying “chutzpah” given the antipathy
are $20; $10 for those under 10 at streb. Mumbai and the hedonistic, irre- for law and order and the sup- rights on Election Day. the “violence and intimidation of its signatories for Mormon-
org/V2/company/tour.html. sponsible, blindly selfish goals posed rights of fellow citizens. The Human Rights Cam- being directed against the LDS ism and their lack of respect for
✯ ✯ ✯ ✯ ✯ ✯ ✯ and tactics of our homegrown I’m referring to the intolerance, paign’s Joe Solmonese called or ‘Mormon’ church and other religions other than their own.
sexual jihadists,” his words the hate seething in words, this “a new low in anti-gay rhet- religious organizations” in the Donohue once wrote, “Hol-
CABARET for those who demonstrated faces, and actions of those oric,” but he hasn’t been around aftermath of Prop 8. They have a lywood is controlled by secular
He’ll Do It the against the Mormon Church’s who didn’t get their way in a that long. (I’ve witnessed gay NoMobVeto.org website if you Jews who hate Christianity
Other Guy’s Way bankrolling of Proposition 8 in democratic election, and would demonstrators be threatened want to read the whole diatribe. in general and Catholicism in
Michael Feinstein returns to the California, eliminating the right proclaim loudly that they will with being shot.) It was paid for by the Becket Fund particular.” He also called the
club he founded for a month of shows to same-sex marriage there. get their way, no matter what An ecumenical group of reli- for Religious Liberty. founders of the Mormon Church
dedicated to Ol’ Blue Eyes, “The Sina- Boone went on: “Oh, I know the electorate wants! Hate is gious right leaders ranging from Wayne Besen of Truth Wins “false prophets.” Colson said
tra Holiday Project.” Musical director the homosexual ‘rights’ dem- hate, no matter where it erupts. Watergate conspirator Chuck Col- Out, which fights the religious Mormonism “can’t call itself
onstrations haven’t reached And hate, unbridled, will even- son to the Catholic League’s Bill right, especially those who try to
䉴 DEC 12, continued on p.8 the same level of violence, but tually and inevitably boil into Donohue took out a full-page ad in “cure” homosexuality,” called it 䉴 BRIEFS, continued on p.11
8/ Politics 11 - 17 DEC 2008
About-Face 7 DAYS
Malcolm Smith walks back from precipice
䉴 continued from cover make him Senate President confirmed the gist of what Van is the Democrat best suited to 䉴
7 NIGHTS
DEC 12, from p.7
Smith’s number two. Capelle said — that nobody lead the caucus. No sure-bet
said, in a written release Kruger, who had so assidu- had asked for sign-off on a challengers have come forward John Oddo will lead a 17-piece band
issued December 10. “Real ously courted Republicans in deal that would have explicitly or even come to mind for most featuring Bucky Pizzarelli on guitar,
reform cannot and should not the past that they gave him a precluded a gay marriage vote. political observers. Jim Saporito on drums, and David
ever include limiting the civil committee chairmanship over That senator pledged to go If the Democrats cannot Finck on bass. Antonia Bennett will
rights of any New Yorkers.” one of their own, was to be public if the question of what hold onto the majority, mar- appear as Feinstein’s special guest.
If any two of the three rebel- given the reins of the powerful was or was not agreed to on riage equality is effectively Feinstein’s at Loews Regency, 540
lious Democrats — including Finance Committee. marriage was not resolved by dead for two years — it was Park Ave. at 61st St. Tue., Wed.,
Senator Carl Kruger of Brook- Diaz, in contrast, only won the end of December. the intransigence of Skelos on 8:30 p.m.; Thu.-Sat., 8 & 10 p.m.
lyn and Senator-elect Pedro a commitment that he would Meanwhile, the agreement that issue and others such as through Dec. 30. Tickets are $95-
Espada, Jr. — choose to side chair the Aging Committee, a with Espada spiraled south transgender rights that con- $250 at feinsteinsatloewsregency.
instead with the Republicans second-tier post that lent cred- over the weekend. On Decem- vinced the Pride Agenda that it com or 212-339-4095; there is a $40
in January’s leadership race, ibility to the conventional wis- ber 8, Smith confirmed that needed to cast its lot fully and food & drink minimum.
Long Island GOP Senator Dean dom that his major objective Jeffrey Klein of the Bronx, squarely against the Repub- ✯ ✯ ✯ ✯ ✯ ✯ ✯
Skelos would retain the major- was to block gay marriage in currently his deputy minor- licans this year. At the same
ity leader position (assuming New York — which of course is ity leader, would be the dep- time, Van Capelle is breathing BOOKS
Queens Republican incum- what he said. uty president, meaning that a huge sigh of relief that the Old Kabul
bent Frank Padavan’s razor- For four days, this agree- Espada was at best number potential betrayal has been Poet Edward Field, a Lambda Liter-
thin margin over challenger ment clung to life, as the three three in the pecking order. staved off. ary Award (Lammy) winner and author
James Gennaro holds up in rebels were the only ones will- Smith had also come to rec- “We applaud Senator Mal- of “The Man Who Would Marry Susan
the final, certified count). ing to talk about it on the ognize that certain authority colm Smith’s ongoing efforts to Sontag, and Other Intimate Literary
Smith acknowledged as record. Diaz crowed about his that he intended to wield was lead the new Senate majority Portraits of the Bohemian Era,” intro-
much in his statement. victory over the gay commu- in fact formally given to the that voters chose during the duces his new book, “Kabuli Days,
“Frankly, we would rather nity, and Espada and Kruger majority leader post, and that recent elections,” he said in Travels in Old Afghanistan,” a travel
wait two more years to take reveled in their new-found this situation would need to be a written release. “By stating memoir, at a book party this evening.
charge of the Senate than to prominence in the Demo- remedied by the full Senate in that reform in the Senate can- This remote country has changed
simply serve the interests of cratic leadership. Meanwhile, January. not include bargaining away little since the summer of 1970 when
the few,” he said, character- throughout the weekend, At a particularly odd press civil rights, Senator Smith has Field bummed around there, learn-
izing the negotiating tactics Smith, in the face of unanimity conference in Albany that day once again demonstrated his ing the language and discovering the
of the Gang of Three as “self- in press accounts of what hap- (see the online version of this commitment to standing up bisexual nature of the male popula-
serving politics.” pened last week, continued article for video coverage), for all New Yorkers.” tion. Westbeth Community Room,
Smith’s statement capped to insist that no specific deals Smith named Bill Stachowski On an upbeat note, Van 57 Bethune St. at Bank St., 7 p.m.
a week of drama that gripped had been struck. of Buffalo, who had been in Capelle continued, “The Pride Free. For more information, call 212-
Albany and spilled over down- On December 5, the day line for the Finance post Kru- Agenda looks forward to con- 675-6430.
state during the weekend between Smith’s meeting with ger would now be given, dep- tinuing to work with Sena- ✯ ✯ ✯ ✯ ✯ ✯ ✯
when many of Greater New the Gang of Three and his sit- uty majority leader. However, tor Smith when the legislative
York Democrats went home. down with other members of Smith would not confirm the session starts.” However, with NIGHLIFE
In Manhattan on December 6, his caucus, out gay Demo- identity of the majority leader a bow to the political reality Plug In
Smith met with at least some of cratic Senator Tom Duane of Stachowski would be depu- that even if the Democrats run Bob Mould and Richard Morel
his Democratic colleagues, in Chelsea, who years ago intro- ty to, nor for that matter did the Senate, GOP votes would bring their famed Blowoff party, a big
an effort to quell unhappiness duced a marriage equality bill, he name the Finance chair be needed to get gay marriage hit in DC, to Chelsea for an evening of
among many of them, progres- said he had not been briefed who had bumped the new over the goal line, he added, “In late night gay electronic dance. Join
sives in particular, about what on details of the negotiations deputy from that slot. Faced the meantime we will be work- music-loving hipsters, beer-drinking
they had heard of the deal and argued, “You know, right with those questions, Smith ing with legislative leaders — men’s men, dance music enthusiasts,
struck two days before. now, it’s Malcolm Smith versus abruptly announced he was Democrats and Republicans… and muscle men for a rare time with
Now, observers are left to Dean Skelos. I’m for Malcolm leaving for another meeting, to earn the votes we need to both men DJing. Highline Ballroom,
assess the relative weight in Smith. That is the question on and Stachowski was saddled bring the marriage equality bill 431 W. 16th St. Doors open at 11:30
the negotiations’ collapse of the the table.” with an irate Capitol press to the floor of the Senate for p.m. $20 at the door. You must be at
marriage issue, other qualms Alan Van Capelle, executive core demanding to know why passage.” least 18.
Democrats had about the con- director of the Empire State they had been called to a news Ethan Geto, a longtime gay ✯ ✯ ✯ ✯ ✯ ✯ ✯
cessions made to Diaz, Espa- Pride Agenda, New York’s conference where no questions political insider who informally
da, and Kruger, and unhap-
piness that Espada voiced on
December 9 about whether he
LGBT rights lobby, which
worked hand-in-glove with
the Democrats to flip the Sen-
were being answered.
The following day, Tuesday,
Espada bailed on the deal,
advised the Pride Agenda in
its negotiations with Demo-
cratic leaders over the past FILM
SAT.DEC.13
was really getting the deal he ate and helped attract more griping, “I feel tremendously week, had high marks for Van Mid-Summer
understood last week. than $1 million to that cause, dismayed and disappointed Capelle’s steadiness. Homosex Comedy
The Gang of Three had told Gay City News, “Not one that the office of the major- “It was untenable for the Chillfest’s Second Saturday Series
never articulated a coherent single senator has told me that ity leader has been gutted and gay community and the returns with “Were the World Mine,”
rationale for their common dis- as part of the deal that was reduced to a sad joke on all Empire State Pride Agenda, which takes a daring leap from
sent except for their ability to reached there was an agree- New Yorkers, but particularly which played such a critical Shakespeare’s “A Midsummer Night’s
exact what each of them want- ment to delay the timing for the Latino community.” Diaz role in the Democratic wins in Dream” to every gay high school boy’s
ed individually from Smith. marriage. Malcolm Smith has echoed the sense of wounded the Senate this year, to leave fantasy, when the wistful and beau-
Espada had voiced unhappi- earned the opportunity for ethnic pride. The fat lady was unanswered the questions tiful Timothy (Tanner Cohen) uses a
ness with the lack of Latinos our community to give him cued. about the marriage equality love potion to turn his whole school,
in top state positions, and a chance to explain what the Smith has taken a gamble bill,” he told Gay City News. including the jocks, passionately gay.
Smith agreed to bifurcate what deal is.” — he and his fellow Demo- “Their efforts demonstrated a LITM, 140 Newark Ave., btwn.
had in recent years been two On December 8, two days crats may well be consigned level of political maturity and Erie & Grove Sts., just steps from
jobs combined into one — the after meeting with Smith, to another two years in the political clout as manifested the Grove Street PATH station, 2
roles of president pro tempore another Senate Democrat, minority. And whether in by the statement by Malcolm p.m. Admission is $8 at the door and
and majority leader. Under who did not wish to be quoted the minority or the majority, Smith this morning.” there is a cash bar.
this scheme, Espada would by name and would not dis- Smith has undoubtedly gotten Asked to assess what role he ✯ ✯ ✯ ✯ ✯ ✯ ✯
become majority leader, which cuss the specifics of the cau- at least some of his Senate col-
early reports indicated would cus gathering, nevertheless leagues wondering whether he 䉴 MALCOLM SMITH, continued on p.9 䉴 DEC 13, continued on p.11
11 - 17 DEC 2008 Legal/9
Don’t Ask Circuit Split Persists
9th Circuit refuses to reconsider three-judge ruling that new, post-sodomy rules apply
BY ARTHUR S. LEONARD protection for “homosexual conduct.” rence was based on a due process adversely affecting gay people.
The panel ruled that the government rather than equal protection finding. O’Scannlain also argued that the
T
he San Francisco-based US must show a good justification for The panel did not challenge prior 9th panel’s decision failed to accord the
Court of Appeals for the 9th dismissing Major Margaret Witt, an Circuit cases that sexual orientation deference to the executive and leg-
Circuit, in a December 4 Air Force nurse, because of her rela- is not a “suspect classification” for islative branches on military policy
announcement, rejected an attempt tionship with a civilian woman. The which any discriminatory govern- mandated by Supreme Court prec-
by the government to have a larger panel did not specifically find Don’t ment policies would be held to “strict edents.
“en banc” panel of the court recon- Ask, Don’t Tell unconstitutional on scrutiny,” the highest standard of Judge Andrew J. Kleinfeld, who
sider a decision issued by a three- its face, but its majority held that the judicial review. was appointed to the court by George
judge panel earlier this year finding policy’s application in any particular In three separate opinions, six H.W. Bush, dissented separately,
that constitutional analysis of the case is subject to “heightened scru- judges on the 28-member court, joined by Judge Carlos T. Bea, a
Don’t Ask, Don’t Tell military policy tiny,” placing the burden on the gov- joining one or more dissent, rejected recent George W. Bush appointee.
must now take account of the 2003 ernment to show that military dis- the decision to deny en banc review. Kleinfeld did not challenge the pan-
Supreme Court sodomy ruling. The charge was necessary to achieve the All the dissenters were appointed by el’s Lawrence analysis, instead focus-
announcement noted that the origi- stated justification, which Congress Republican presidents. ing solely on the deference argument.
nal panel voted against rehearing the identified as preserving “good order Judge Diarmuid Fionntain “The general constitutional right
case, and that the call for en banc and morale.” O’Scannlain, a Reagan appointee, to sexual liberty competes against
review fell short of a majority on the In earlier 9th Circuit cases, the in a lengthy opinion joined by three the especially high level of defer -
full circuit. policy was presumed constitutional other judges, argued that Lawrence ence we are required to extend to
The court’s action enhanced the and the burden was on the service narrowly held that states could not Congress and the President regard-
possibility that Don’t Ask, Don’t Tell member making the challenge to use the criminal law to penalize the ing military affairs, and few liber -
will end up in the Supreme Court, show it had no rational justifica- private consensual sexual activities ties prevail against that deference,”
unless the incoming Obama admin- tion. Courts have consistently ruled of gay adults, rejecting the conclu- he wrote, specifically pointing to a
istration chooses not to appeal the that the extensive legislative hearing sion that the government could not 1986 Supreme Court ruling that the
ruling further as part of a general record leading to the policy’s enact- enact policies that place burdens on military could discipline an Ortho-
reconsideration of the policy. If an ment provides that rational justifica- gay people because of their sexual dox Jewish chaplain who insisted
appeal is not filed, the case goes back tion. activities or identities outside the on wearing his religiously-mandated
to the district court for a trial in line Given the fact that Witt conducted criminal law context. He strenuous- head covering in circumstances vio-
with the earlier ruling, a process that her relationship discreetly — living ly objected to the panel’s conclusion lating military dress regulations.
could take a year or more to resolve. with her partner in a house more that Lawrence mandated heightened
Candidate Barack Obama prom- than 250 miles from the military scrutiny for any government policy 䉴 MILITARY, continued on p.12
ised to end Don’t Ask, Don’t Tell hospital where she worked — and
during his presidential campaign, maintained the support of her peers
but reports coming from his transi- after her relationship became public,
tion team as well as advocacy groups
such as the Servicemembers Legal
Defense Network have suggested
that quick action is unlikely. The
doubts were raised about the good
order and morale justification in this
case. The three-judge panel, howev-
er, left the determination to the trial
$)'.)49
3500/243 !.
president-elect has stressed that he judge, who originally dismissed the
would likely reach for Pentagon con-
sensus on the issue before acting
and some key congressional Demo-
case based on pre-Lawrence prec-
edents.
The Witt decision was the first by
).#,53)6% -).)3429
crats, such as House Armed Services
Chairman Ike Skelton, are not yet on
a federal appeals court to find that
Lawrence required a higher level of
$IGNITY.EW 9ORK HAS A
board with a change. judicial review than “rational basis” WOMAN HOMILIST ON THE SECOND
The May 21 panel decision in Witt
v. Department of the Air Force broke
in a case asserting that federal pol-
icy placed an unconstitutional bur- 3UNDAY OF EACH MONTH
new ground, holding that prior 9th den on an individual’s liberty. Witt’s 0REACHING ON $ECEMBER *AMIE -ANSON -$IV
Circuit decisions that upheld the argument that Don’t Ask, Don’t Tell
military policy were no longer valid
given the Lawrence v. Texas sodomy
violated her right to equal protec-
tion of the law was rejected, however, 0LEASE JOIN US FOR OUR
decision, which found constitutional since the panel concluded that Law- #HRISTMAS %VE LITURGY
FELLOWSHIP AND HOLIDAY TREATS
䉴 MALCOLM SMITH, from p.8 Agenda appear bor ne out in the 7EDNESDAY $ECEMBER PM
emphasis in Smith’s statement on
felt Governor Paterson played in block- the principle of civil rights not being
*UDSON -EMORIAL #HURCH 7ASHINGTON 3QUARE 3OUTH
ing the original deal struck, Geto said, negotiable. But, his spokesman,
“It is my impression that David Pater- Hank Sheinkopf, even as he insist-
son played a very constructive role in ed he could not speak to the agree-
resolving this to the satisfaction of the ments reached during the December
gay community.” Geto went on to warn 4 meeting “because I was not there,”
that the three rebellious Democrats largely debunked the importance of
“will have to think long and hard about marriage equality in the collapse of
not voting for the Democrats to be the the negotiations.
majority.” “What happened was that yesterday
“If they keep the Republicans in, the Espada decided to change the rules, $IGNITY.EW 9ORK MEETS EVERY 3UNDAY NIGHT AT PM
voters in their districts will understand withdrawing his support for Senator FOR -ASS AND A SOCIAL AT 3T *OHNS IN THE 6ILLAGE #HURCH
that it means no reform of the rent reg- Smith,” Sheinkopf told Gay City News. 7EST TH 3TREET &OR MORE INFORMATION PLEASE VISIT
ulation laws, no greater tenants rights “And the leader said, ‘You know what? US AT WWWDIGNITYNYORG AND WWWDIGNITYUSAORG OR CALL
protections, and I think that those vot- That’s it.’ If these guys want to talk to
ers will rebel and turn them out.” us as Democrats, that’s fine. Other-
Geto’s accolades for the Pride wise, tough luck.” #%,%"2!4).'