Tucson Observer

Equality Across America Tucson Congressional District Action Team (EAA-Tucson) will meet December 6, 2009 2 to 4:00 p.m. at Colors, 5305 E. Speedway Blvd.

EAA continues the work of achieving full federal equality for LGBT Americans in all matters of civil law.

Please bring your ideas, passion, and a friend! This meeting will focus on creating a sustainable organization and outreach to allies and allied organizations. For more information visit: www.eaatucson.org.

Contrary to Richard Fimbres’ Republican opponent’s unfounded, scurrilous and unsubstantiated allegations, he did respond, more than two months ago (August 19), to the attacks made on him by his successor, Alberto Gutier, a longtime Phoenix Republican political operative, strategist, activist, Sergeant at Arms for the State Republican Party, and currently the Director of the Governor’s Office of Highway Safety (GOHS) under Governor Jan Brewer.

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Before a speech, a song was played to those in attendance and it wasn’t the song “Promises, promises,” by Naked Eyes but “Hail to the Chief,” for President Barack Obama, whom on Saturday, October 10, addressed a gathering of 3,000 individuals, most of which, so aptly put by Lawrence O’Donnell, the substitute host on Countdown on Monday, October 12, for the national Equality March and which applied here too, as “treated as second class citizens.”

President Obama stated the stood with the LGBT (Lesbian, Gay, Bisexual, Transgender) Community in its fight for equality under law, declaring, “you are Americans who care deeply about this country and its future.”

Continuing, the president said, “he expected it would look back on his administration as a time when “we put a stop to discrimination against Gays and Lesbians, whether in the office or on the battle field.”

Obama also stated that:

He would be signing federal hate crimes legislation; he supports ENDA (the Employment Non-Discrimination Act);

Funding for HIV/AIDS programs should continue,

The end of, with another promise, for the military’s “don’t ask, don’t tell” policy of preventing those Gays and Lesbians, who want to serve in this country’s armed services openly, and honestly, from doing so, and his support for extending federal benefits to committed same-sex couples (and families), which opposite-sex couples currently get.

LGBT Americans, the president said, should continue pressuring their elected officials, including himself, to work for pro equality laws and polices.

Excuse me but wasn’t that the reason for the 2008 election, subsequent vote, etcetera, or was this just more “promises, promises?”

For example:

With two ongoing wars, Gays and Lesbians continue to be discharged on an average of more than two per day from the military under “don’t ask, don’t tell,” and the president has not issued an order, as Commander in Chief, or an Executive Order, halting discharges by stop-loss or the pending cases under “don’t ask, don’t tell.”

People who are HIV+ or living with AIDS still can not either, emigrate or travel to this country due to the ban, with America being one of the few countries with such.

Despite fulfilling their legal and constitutional obligations, the federal, Department of Justice, used questionable language and arguments to defend the federal Defense of Marriage Act law (which prevents same-sex couples from being recognized legally on the federal level of government), in several court challenges this year.

Some of those who are treated as “second class citizens,” cheered the remarks the president made and the following day, took part in the LGBT March for Equality in Washington D.C., protesting the Obama Administration and the Democratically-controlled Congresses, lack of action on issues of concern.

TUCSON (Observer Update) – Jamie A. Lee, award-winning documentary filmmaker and member of Pan Left Productions, launched her Arizona LGBT Storytelling Project: Community Histories, a Pan Left production / Jamie A. Lee project.

Lee screens select clips of video oral histories she has collected since January 2008, thanks to funding from the Alliance Fund of Southern Arizona and Tucson Pima Arts Council (TPAC). Visit this link for details about the project and view the streaming digital archive through iTUNES University: lgbcom.web.arizona.edu/research/research_communityhistories.html.

The Arizona LGBT Storytelling Project: Community Histories is the first collection of its kind of oral histories and digital documentation of members of the Lesbian, Gay, Bisexual, and Transgender communities in the state of Arizona. The project is directed and coordinated by Jamie A. Lee (link visionariesfilmworks.com/people.html) in collaboration with many volunteers throughout southern Arizona.

The purpose of the Arizona LGBT Storytelling Project: Community Histories is to record and commemorate the voices, images, and memories of Lesbian, Gay, Bisexual, and Transgender people living in the state of Arizona. Our goal is to develop and build on the historical record of the diverse LGBT individuals and communities here in Arizona, capture memories of historical moments and movements; reveal our struggles, triumphs, healing, and beliefs; as well as share knowledge with future generations. This project is considered a production of Pan Left Productions, a filmmaking collective based in Tucson, Arizona. As a part of its mission, Pan Left puts the tools of video production into the hands of people who are not equally represented in the mainstream media. Funding for this project has come from the Alliance Fund of Southern Arizona and Tucson Pima Arts Council (TPAC). Major partners and ongoing supporters include the University of Arizona Institute for LGBT Studies and its Oral History Cluster, OSCR, Wingspan, Wingspan’s Senior Pride, Odyssey Storytelling, Eithne Luibheid, Adela C. Licona, Gregory Anderson, Penelope Starr, and all those who have volunteered to tell our stories and those who are learning to use the digital video camera equipment to gather our stories.

LGBT activists are in Washington for the National Equality March, sponsored by the grass-roots network, Equality Across America.

This march, thirty years after the first LGBT March on Washington is being held on National Coming Out Day. National Coming Out Day is an internationally-observed civil awareness day for coming out and discussion about LGBT issues. It is observed on October 11 every year[1] by members of the LGBT communities and their supporters.

C-Span will be covering the March and can be viewed online at the following link.

While Lesbian, Gay, Bisexual, Transgender (LGBT), Queer, Questioning, HIV+, HIV- and just plain, straight supportive Americans gather in the nation’s capital for the National March for Equality to take place Sunday, October 11, to express their frustration with the notable, lack of progress on issues of concern, it has been reported that President Barack Obama will be addressing the Human Rights Campaign, annual fundraising dinner in Washington D.C., the night prior, October 10.

“We are honored to share this night with President Obama, who has called upon our nation to embrace LGBT people as brothers and sisters,” said Human Rights Campaign president Joe Solmonese in a press release. “It is fitting that he will speak to our community on the night that we pay tribute to his friend and mentor Senator Edward Kennedy, who knew that as president, Barack Obama would take on the unfinished business of this nation — equal rights for the LGBT community, and for every person who believes in liberty and justice for all.”

A speech is one thing, but in lieu of the comments made his national security adviser, James Jones, will these words be just that.

During an interview on a national cable news network, Jones stated that President Obama will focus “at the right time” on how to overturn the 16-year-old, “don’t ask, don’t tell” law which prohibits Gay and Lesbian Americans, who wish to serve their country in the armed services, from doing so, openly and honestly.

It was also reported that Senator Harry Reid, D-NV, had written President Obama and Defense Secretary Robert Gates and asked them to share their views. “At a time when we are fighting two wards, I do not believe we can afford to discharge any qualified individual who is willing to serve our country,” wrote Reid.

So here is a novel thought Senator Reid, House Speaker Nancy Pelosi, D-CA, take H.R. 1283 off the “legislative shelf,” hold real, substantive hearings on the subject, get it through the legislative process and both chambers and get it to Obama’s desk, since it seems that Congress, to the surprise of no-one, has forgotten that this is a law, not an executive order, an amendment, court ruling or otherwise.

In 1993, it was Congress which passed the “don’t ask, don’t tell” law on fraudulent statements, questionable studies and fear and it will take another act by Congress to undo the sixteen year damage this “solution” was to prevent but didn’t.

When a bill gets to President Obama’s desk, he can sign and in the interim, he can issue an Executive Order expanding on President Harry Truman’s July 26, 1948 issuance (Executive Order 9981) which itself, expanded on Executive Order 8802 by establishing equality of treatment and opportunity in the Armed Services for people of all races, religions, or national origins, by halting the discharges of those individuals wanting to serve who have been charged under “don’t ask, don’t tell,” until a bill can get to his desk for him to sign.

More than three-fourth’s of this nation, according to numerous polls taken, have expressed their support for the repeal of “don’t ask, don’t tell,” and spoken words and written letters are part of what is needed, it is time for a vote on this and end this travesty.

Monday, October 5, is the deadline to be registered to vote for the City of Tucson general election that is taking place on Tuesday, November 3.

For this upcoming Tucson election, registered voters who live within the city limits will be considering two ballot measures as well as voting on City Council elections.

October 5 is also the deadline to be registered to vote for other elections that are being held, concurrently, by the respective school districts whose boundaries may interlope with the City of Tucson’s.

So with all this electoral and bond override, continuation and whatsoever, the Pima County Division of Elections (pima.gov/elections) is overseeing the entire process.

Under the provisions of its charter, the City of Tucson will be conducting elections for three Council seats, for Ward 3, Ward 5 and Ward 6 respectively.

Voters throughout the entire city will have an opportunity to cast their ballot for all three Council races.

Living in a specific Ward doesn’t enter into it under the Tucson charter, drafted in 1929, every registered voter gets the chance to vote for all three seats.

In addition to three contested races for the Council seats, Tucson voters will also consider two ballot propositions.

Proposition 200 would mandate the Mayor and Council to hire more individuals for the City’s police and fire departments to reach a specific number but doesn’t provide a funding source to achieve the intent of the proposition.

Proposition 400 would allow the City of Tucson to continue funding services, government operations and programs at current levels by renewing the “home rule” proclamation set to expire.

This is a process the City must go through since the Arizona Legislature passed a measure stating cities and towns must only spend at the levels set in 1980, when this was approved. In 2005, and every four years prior, Tucson voters has had to cast their vote on the “home rule” proposal – which is a loophole utilized thanks to the holes in the enacted legislation.

In most of the school districts in Tucson and Pima County, voters will be asked to approve bond override, bond continuance (in the case of the Amphitheatre District) or other measures dealing with funding of schools and educational programs.

Despite the fact that most LGBT (Lesbian, Gay, Bisexual and Transgender) Tucsonans and those living in Pima County may not have or want a family with children, they are still a part of this process as taxpayers, since most of the proposals would involve the taxes that they pay annually to the Pima County Treasurer’s office.

If you are still confused about this, which would not be surprising, there is help online for the dazed voter.

For those who live within the Tucson city limits, and want to know more about the candidates and the ballot propositions, go online to www.tucsonaz.gov/clerks/elections.php.

People who may not live in Tucson but are concerned about the school district elections, go online to pima.gov/elections/canpage.htm.

To find out which political district you are registered to vote in, go online to recorder.pima.gov/poll_search.aspx.

Perhaps you are not registered vote and wish to do so, go online to servicearizona.com/webapp/evoter/.

“Don’t Ask, Don’t Tell,” expanding the current federal Hate Crimes Laws, the federal defense of marriage act, a proposed law to prohibit discrimination in employment based on sexual orientation or gender identity, perceived or otherwise, funding for HIV/AIDS research and programs are some of the many measures being considered in the U.S. Congress.

In the chambers of the various state legislatures, proposals dealing with similar matters, such as Hate Crimes, domestic partnerships, state recognition of committed, same sex relationships, anti-discrimination ordinances are being considered.

With all that, when one peruses LGBT (Lesbian, Gay, Bisexual and Transgender) newspapers, magazines and now, blogs and website, stories about on what open LGBT elected officials think about proposals and legislation in the respective governmental body.

So if an openly-LGBT elected official, feels that a bill or proposal isn’t quite right, do they need to do “an exclusive” interview with a member of the median to criticize it and declare their non-support as Congressman Barney Frank, D-MA, in regards to H.R. 3567, the Respect Marriage Act introduced by Congressman Jerrold Nadler, D-NY, adding that the courts would be the better way to go.

Is not the purpose of the U.S. Congress to enact laws, effective in all 50 states, the District of Columbia and the territories, which can make the lives of American’s better, as stated in Article I, Section I of the U.S. Constitution, which reads, “All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives?”

Is not the purpose of those wanting change in federal statutes to be able to air their grievances to the U.S. Congress as stated in the U.S. Constitution, Bill of Rights – Amendment I, which reads:

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances?”

As written in the U.S. Constitution and subsequently approved by the states, it is up to the citizens to petition their Members of Congress and U.S. Senators and for those individuals serving in those posts to fulfill their duties as proscribed.

With that, as previously mentioned is H.R. 3567, the Respect for Marriage Act, sponsored by Congressman Nadler and would repeal the 13-year-old “Defense of Marriage Act,” which is prohibiting the federal recognition (by whatever name) of committed, same-sex relationships and their subsequent families.

There is the Employment Non Discrimination Act of 2009, S. 1584, H.R. 3017, which would provide basic protections against workplace discrimination on the basis of sexual orientation or gender identity.

H.R. 1723 is the Family Leave Insurance Act of 2009, that would grant essential benefits to working families by providing twelve weeks of paid FMLA coverage to employees seeking to take leave to care for their families, including leave to care for a domestic partner and their children.

S. 909, H.R. 1913 are the companion bills, known as the Local Law Enforcement Hate Crimes Prevention Act (LLEHCPA) / Matthew Shepard Act, and provides the DOJ (Department of Justice) with the ability to aid state and local jurisdictions either by lending assistance or, where local authorities are unwilling or unable to act, by taking the lead in investigations and prosecutions of bias-motivated, violent crimes resulting in death or serious bodily injury, and also makes grants available to state and local communities to combat violent crimes committed by juveniles, train law enforcement officers or assist in state and local investigations and prosecutions of bias-motivated crimes.

H.R. 2262 is the Safe Schools Improvement Act and if enacted and signed into law, would amend the Safe and Drug-Free Schools and Communities Act (part of the No Child Left Behind Act) to require schools and districts receiving federal funds to adopt codes of conduct specifically prohibiting bullying and harassment, including on the basis of sexual orientation and gender identity.

H.R. 1283, known as the Military Readiness Enhancement Act, would overturn the 16-year-old, federal law, known as “Don’t Ask, Don’t Tell,” which prevents Gays and Lesbians from serving openly in this country’s Armed Services.

S. 424, and H.R. 1024, known as the Uniting American Families Act, would allow U.S. citizens and permanent residents to sponsor their same-sex partners (called “permanent partners” in UAFA) for family-based immigration.

S. 833, H.R. 1616, the Early Treatment for HIV Act would permit state Medicaid programs to provide HIV treatment to individuals before they develop AIDS.

There are many other measures in addition to these written about being considered and it is up to the people, not one politician, to work to get these bills heard, considered and passed. To do so, go online to hrc.org or to call your Member of Congress or Senator, go online to callcongress.org.

PHOENIX (Observer Update) – A rally in the state capital will take place in support of the National Equality March on Saturday, October 10, 10:00 am, Cesar Chavez Plaza, 201 W. West Washington.

Sponsored by the Arizona Stonewall Democrats, who stated in a press release, “We are guaranteed equal protection by the 14th Amendment of the US Constitution. Free and equal people do not bargain for or prioritize our rights, so we are rallying in support of the National Equality March in Washington, D.C. this October 10th to demand equal protection in all matters governed by civil law in Arizona and all 50 states.

“The rally is not our final destination. It is our first step toward building a statewide grassroots network that will continue organizing until we have achieved full equality.”

For more information, go online to ArizonaStonewallDemocrats.org.

H.R. 3017, the Employment Non-Discrimination Act (ENDA), will be taken up by the House Education & Labor Committee (HELC) on Wednesday, September 23, which will only hear testimony from witnesses, either in favor of the proposed federal legislation or against.

Under the proposed bill, H.R. 3017, ENDA would prohibit discrimination based on sexual orientation or gender identity, perceived or otherwise, in employment. A subsequent hearing to markup H.R. 3017, to vote to approve the measure and moving it along in the process to become a federal statute, has not been scheduled. …

As previously reported, federal legislation to repeal the 13-year-old federal Defense of Marriage Act (DOMA) has been introduced in this session of Congress. U.S. Representative Jerrold Nadler, D-NY, is the primary sponsor of the measure and is the chairman of the House’s subcommittee on the Constitution, Civil Rights & Civil Liberties, which oversees DOMA.

Nadler’s bill, known as the Respect for Marriage Act, H.R. 3567, includes a provision to allow same-sex couples in one state to marry elsewhere, return home and still receive federal benefits. …

Don’t Ask, Don’t Tell (DADT), the federal law which prevents Gay and Lesbian Americans who wish to serve in the country’s armed services openly was in the news again when a new report showed that non-white Gay and Lesbian members of the armed services were more likely to be discharged under DADT.

According to a report from the Defense Equal Opportunity Management Institute, about 45% of the 640 men and women discharged under “don’t ask, don’t tell” in fiscal year 2008 were nonwhite.

Legislation has been introduced to repeal DADT in this current session of Congress, H.R. 1283, the Military Readiness Enhancement Act of 2009 and the lead on this bill is U.S. Representative Patrick Murphy, D-PA.

H.R. 1283 currently sits before the House Armed Services Committee, Subcommittee on Military Personnel. Hearings on the issue of DADT will take place in the Senate Armed Services Committee sometime during the Fall, as previously reported. …

Led by it’s co-chair, U.S. Representative Raul Grijalva D-AZ, twelve members of the Progressive Caucus are pushing to include LGBT in a bill to deal with comprehensive immigration reform.

A letter was sent to Sen. Charles Schumer, D-NY, who is currently drafting the immigration bill, urging him to include policies that address: “Family reunification by alleviating the backlogs for family-based immigration, reducing lengthy waiting periods for legal immigrants to be reunited with their loved ones, and eliminating discrimination in immigration law against same-sex partners and their families.”

Openly Gay U.S. Representative, Jared Polis, D- CO who signed on to the letter, said there’s “very widespread agreement” among the 80-plus caucus members that LGBT families should be included in overall immigration reform. …

According to reports, the Obama Administration will nominate out Lesbian Chai R. Feldblum to the Equal Employment Opportunity Commission (EEOC), which is responsible for investigating employment discrimination claims. The commission is a five-member panel, and three of the spots are currently filled and her nomination is subject to confirmation by the U.S. Senate.

Feldblum is a professor of law at Georgetown University in Washington, D.C., as well as the director of the Law Center’s Federal Legislation and Administrative Clinic, and codirector of Workplace Flexibility 2010.