NewsWrap
for the week ending April 26, 2003
(As broadcast on This Way Out program #787, distributed 4-28-03)
[Written by Cindy Friedman, with thanks to Fenceberry, Rex Wockner,
Graham Underhill, and Greg Gordon]


Anchored by Christopher Gaal and Cindy Friedman


  The United Nations Human Rights Commission this week for the first time 
ever considered a proposal specifically regarding gays and lesbians.  Brazil 
introduced a resolution called "Human Rights and Sexual Orientation" that 
"Expresses deep concern at the occurrence of violations of human rights in 
the world against persons on the grounds of their sexual orientation."  It 
"Call[ed] upon all states to promote and protect the human rights of all 
persons regardless of their sexual orientation" and would have required the 
UN High Commissioner for Human Rights "to pay due attention to the phenomenon 
of violations of human rights on the grounds of sexual orientation."


  U.K.-based human rights watchdog Amnesty International asserted that, 
"Adoption of the resolution is the only way to end the intolerable exclusion 
of lesbian, gay, bisexual and transgendered people from the full protection 
of the UN system.  Greater attention by the United Nations to this issue 
could make a real difference in their lives."  IGLHRC, the International Gay 
and Lesbian Human Rights Commission, called the resolution "a historic 
opportunity to advance [lesbigay and trans] issues in international human 
rights law."


  But the OIC, the Organization of the Islamic Conference, led by Egypt, 
Libya, Malaysia, Pakistan, and Saudi Arabia, forced any vote on the matter to 
be put off until the UN Commission reconvenes next year.  They first narrowly 
failed in an attempt to prevent any debate on the resolution, then attempted 
to amend it to remove the words "sexual orientation," and ultimately used a 
blizzard of procedural maneuvers to run out the clock as the Commission's 
six-week session drew to its close.  Canada's move to extend the session 
failed.  
The OIC wrote to the Commission that that the resolution "directly 
contradicts the tenets of Islam" and constituted "a direct insult to the 
1.2-billion Muslims around the world."  It noted that "sexual orientation" 
has never been defined by the UN, and even called the presumption of 
widespread human rights violations based on sexual orientation 
"unsubstantiated".
The Vatican also lobbied heavily against the resolution behind the scenes, 
particularly targeting Latin American countries, many of which were undecided.


  About a score of the 53 nations that sit on the Commission actively 
supported the resolution, including most of Europe, the Russian Federation, 
Japan, South Korea, Thailand, and Guatemala.  South Africa was also in 
support, although 8 other African nations were clearly opposed.  Australia 
finally decided to support it, after reports that it might not sparked heavy 
lobbying.  But the U.S. was expected to abstain had the matter come to a 
vote, apparently in deference to its individual states' right to enact sodomy 
laws.
Activists supporting the resolution took heart that it avoided an outright 
defeat, and vowed to spend the next year lobbying for it.


  While Brazil was leading the move at the UN to protect gays and lesbians, 
its state of Santa Catarina was putting into effect a similar law of its own. 
 The governor of Santa Catarina recently signed the law to punish what it 
bluntly calls, "Any aggressive or discriminatory act against any homosexual, 
bisexual or transgender citizen".  Businesses in violation will receive a 
warning for a first offense, a harsh fine for a second offense, and loss of 
their licenses for repeated offenses.  
The growing number of Brazilian states explicitly protecting gay and lesbian 
civil rights include Sao Paulo, Rio de Janeiro, Minas Gerais, and Bahia.


  Mexico's Parliament last week unanimously approved a federal civil rights 
bill that includes "sexual preferences" among its 14 protected categories.  
This will make Mexico only the second Latin American country to extend 
national protection from discrimination to lesbigays -- following Ecuador -- 
and only the fourth outside of Europe.  The Federal Law to Prevent and 
Eliminate Discrimination prohibits what it calls "distinction, exclusion or 
restriction ... [that] impedes recognition or enjoyment or rights and real 
equality in terms of opportunities for people."  The law specifically 
provides for equality in areas including education, employment, property 
rights, medical services, social security, organizational membership, and 
public accommodations, and also prohibits anti-gay harassment and defamation. 
 It also creates a National Council to Prevent Discrimination to formulate 
and promote equality policies, provide legal support to victims, and 
investigate discrimination complaints against public officials.


  There were civil rights advances this week in the U.S. as well.
The Peoria, Illinois City Council voted 8-to-3 to add "sexual orientation" as 
a category protected under its human rights ordinance from discrimination in 
employment, housing and public accommodations.


  A bill to protect transgenders and transsexuals from discrimination in 
employment and housing passed the California state Assembly, and it's 
expected to go on to win approval from the state Senate and the Governor as 
well.


  And although Hawai'i Governor Linda Lingle did not sign it, a bill to 
expand transgender protections under Hawaii's hate crimes statute became law 
this week.


  In the business world, FedEx Corporation -- formerly known as Federal 
Express -- agreed to activists' demands to explicitly add "sexual 
orientation" to its non-discrimination policy.


  Department store chain J.C. Penney Incorporated's board of directors 
endorsed a shareholder resolution to add "sexual orientation" to its 
non-discrimination policy.


  But six municipal employees of Colorado Springs, Colorado can kiss their 
domestic partner health benefits goodbye -- this week a newly elected City 
Council voted 8-to-1 to repeal them.  The previous Council of this religious 
right stronghold had enacted the benefits in December by a one-vote margin.


  And on the religious front, the Presbyterian Church USA ruled against 
non-gay minister Stephen Van Kuiken in its first-ever church court trial for 
marrying gay and lesbian couples.  The court, which also acquitted Van Kuiken 
of ordaining non-celibate gays, gave him its mildest punishment, a public 
rebuke.  But Van Kuiken is appealing the ruling and says he will not abide by 
the court's order to stop performing the weddings, which he believes are 
theologically and Scripturally justified.


  Puerto Rico's Supreme Court last week decided 4-to-3 that the domestic 
violence law does not apply to gay and lesbian couples.  Although the three 
dissenting justices were sharply critical, the majority found that the law 
was intended to "strengthen the institution of the family," which they 
defined as a "sentimental and legal union between a man and a woman."  That 
ruling set aside charges against Leandro Ruis Martinez, whose attack two 
years ago against his partner Juan del Valle was the first gay case ever 
prosecuted in Puerto Rico using the domestic violence statutes.  The law has 
since been used in gay and lesbian cases dozens of times for prosecutions and 
protective orders, and the high court's ruling now puts them all into 
question.  Puerto Rico's Justice Secretary Anabelle Rodriguez asked the court 
to reconsider, saying gays and lesbians are entitled to equal protection 
under the law.
The case drew added attention because it comes at a time when the legislature 
is overhauling Puerto Rico's criminal code, which currently includes a 
rarely-enforced ban on all non-procreative sex acts.  In the case before the 
court, victim del Valle could testify against perpetrator Martinez only after 
being granted immunity from prosecution under the sodomy law.


  And finally... views on sodomy laws and marriage in the U.S. created a 
tremendous media stir, as the Associated Press published recent remarks by 
U.S. Senator from Pennsylvania Rick Santorum.  He's the Senate's 
3rd-highest-ranking figure as the ruling Republican Party's conference chair, 
and the party's likely future Senate Leader.  As a challenge to Texas' 
gay-specific sodomy law awaits a decision from the U.S. Supreme Court, 
Santorum railed against the plaintiffs' case, denying there is any right to 
privacy under the U.S. Constitution.  He said, "If the Supreme Court says 
that you have the right to consensual sex within your home, then you have the 
right to bigamy, you have the right to polygamy, you have the right to 
incest, you have the right to adultery... all of those things are 
antithetical to a healthy, stable traditional family."


  Santorum is a self-described "compassionate conservative," and Republican 
President George W. Bush has called himself "a uniter, not a divider."
Gay and lesbian groups of all political stripes joined leading Democrats and 
a scant handful of socially liberal Republicans in denouncing Santorum's 
remarks.


  But Santorum was unapologetic, declaring he was simply stating his 
understanding of the high court's ruling in the landmark 1986 "Bowers versus 
Hardwick" decision that upheld the states' rights to criminalize private 
homosexual acts between consenting adults.  He did offer that, "I have no 
problem with homosexuality -- I have a problem with homosexual acts, as I 
would with acts of other, what I would consider to be, acts outside of 
traditional heterosexual relationships... I have nothing, absolutely nothing 
against anyone who's homosexual.  If that's their orientation, then I accept 
that.  And I have no problem with someone who has other orientations.  The 
question is, do you act upon those orientations?  So it's not the person, 
it's the person's actions.  And you have to separate the person from their 
actions."  As you might have guessed, Santorum is Catholic.


  Also not surprisingly, gay and lesbian groups continued to protest, and 
even more so when the President's spokesperson finally broke a string of "no 
comment" responses to say that the President believes Santorum is "an 
inclusive man."


  But there were complaints from still other quarters.  While heartily 
affirming Santorum's view of the threatened status of marriage, head of the 
Mormon sect United Apostolic Brethren Owen Allred also had objections.  
Allred was offended that the likes of Abraham, Jacob and Moses should be 
treated, in his words, as "immoral and dirty."  That's right -- the 
polygamists resented being listed with the gays.