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Jackie Gardina

Professor, Vermont Law School

Recently, George Will, in his his oped piece in the Washington Post, took up the cause of Elane Photography, a New Mexico business owned by Elaine Huguenin and her husband. The Huguenins are being sued for refusing on religious grounds to photograph a commitment ceremony between two women. Will reduced the case to this simple question: does New Mexico have an interest in compelling "Huguenin to provide a service she finds repugnant and others would provide?" In short, can Elane Photography hang a "Heterosexuals Only" sign on its business? For Will the question is an unequivocal and stunningly easy yes.

But he doesn't stop there. Will not only concludes that Elane Photography should have the right to discriminate based on sexual orientation, he goes on to chastise the affected couple for bringing suit. Even more, he suggests that "perhaps advocates of gay rights should begin to restrain the bullies in their ranks." Or to put a historical spin on it: if there is a lunch counter willing to serve you, why try to sit at one that finds you repugnant? At least Will didn't suggest that the couple be arrested for challenging the Huguenins' policy as thousands of civil rights protesters were for seeking the desegregation of public accommodations. Separate but equal lives on.

I thought our country had had this conversation. There was a time in our not too distant past that we allowed businesses to hang signs on their doors that said "Whites Only," where businesses were free to refuse service to individuals based solely on the color of their skin. The Huguenins' assertion that their refusal is based on religious grounds is nothing new. As I noted in a previous post, the segregation of the races was long defended on religious grounds. The Supreme Court implicitly rejected such religious justifications in Loving v. Virginia when it declared miscegenation laws that prohibited interracial marriages unconstitutional. In its opinion the Court never acknowledged nor apparently gave credence to the trial court's overt religious justification for the miscegenation laws.

But history has a tendency to repeat itself, and here we are again. Mr. Will, along with many others, will surely challenge my comparison between sexual orientation and race on a number of grounds. Race is an immutable characteristic while discrimination based on sexual orientation is, according to Will, simply a "dispute based on sexual activities between people of the same sex." Under this premise, Ms. Huguenin is not discriminating against a person or group, she is rejecting on religious grounds a behavior she finds "repugnant." But that too is an old argument. The miscegenation laws declared unconstitutional in Loving were simply a veil for regulating sexual activity between the races. It wasn't marriage that made the white majority uncomfortable; it was the idea of interracial sexual activity. Indeed, many states criminalized such conduct just as many states criminalized sodomy until Lawrence v. Texas declared those laws unconstitutional too. Moreover, sexual orientation as an immutable characteristic is becoming increasingly accepted in the scientific literature and legal world. In Attorney General Holder's letter to Congress explaining why the Department of Justice would no longer defend DOMA, he cited to the "growing scientific consensus accepts that sexual orientation is a characteristic that is immutable."

Unfortunately, the Huguenins are not alone in their desire to refuse service to gay and lesbian couples. In 2012, the New Hamphire legislature debated a bill that would allow a business owner to opt out of providing wedding services, such as photography and catering, if doing so violated their religious beliefs. In Vermont, the Wildwood Inn discrimintaed when it refused to accommodate a wedding between a same-sex couple. In Colorado, a bakery refused to make a wedding cake for two men. And the list goes on.

These questions are not going away. Nor will a state or federal court decision end the debate. But nothing will change if gay and lesbian couples accept Will's admonishment to be satisfied with the status quo. Where would we be if John Lawrence and Tyron Garner plead guilty instead of challenging their arrest in Lawrence v. Texas? Where would we be if Mildred and Richard Loving and the gay and lesbian couples in Vermont and Massachusetts had willingly accepted that their states' marriage laws did not apply to them? Where would we be if Rosa Parks hadn't sat in the front of that bus or if black students hadn't sat at the lunch counter in Greensboro, North Carolina? Mr. Will may consider such people bullies, I consider them courageous.

:cheesy2: I guess I am the only Totally Depraved member on GT.ru :faint:

You guys have a lot of work to do  :hehe:

Feb 7th, 2012
by Jim Buzinski.

Andrew is a 17-year-old high school senior in Minnesota and captain of his swim team. I have written before about his terrific blog the Transpiration of Andrew. He has an awesome post up now that has him writing to his 11-year-old self, a scared boy coming to terms with his sexual orientation.

It is moving and also practical and well worth your time:

Dear Little Andrew,

By now you probably have concluded that you aren’t like the other kids. You’re different. You’re gay and it’s okay. First of all, you were born gay. There is nothing you can say or do to be straight you can act straight and spend lots of time and effort to convince others you are straight but you are just lying to yourself and others. The greatest good you can do is be yourself, because all the people that don’t like who you are don’t matter. Fuck the haters. You don’t have to come out right away but you can stop convincing yourself that conforming to everyone else in middle/high school will help you survive it. Being different is a great gift it makes you interesting and stand out from people.

Stop fearing the gay community and your future in it. The parades, “flamers”, and all that pride are not bad things. You will find that the gay community has some of the nicest people you will know be it LGBT people or those who support us. They are friends who will like you for you, embrace it. Also stop hating on the “flamers” although you may not feel and act the way you do and you don’t appreciate the stereotypes they bring, they are human too, respect that.

Focus on what is really important. I know people have been “dating” from 5th grade to now, but being gay is different. For one, you can’t expect to get a boyfriend without being out, plus even if you are out not many others are. Gay relationships are rare at young ages and if you do happen to get one appreciate it. However, relationships aren’t the most important thing to worry about and get hung up on. You have talents, hobbies, sports, school, and friends to focus on. They are dependable and useful and ultimately your safest bet to succeed in life.

Surround yourself with the right friends who will support you. There’s not much of a point in befriending that really homophobic kid that trash talks gays all the time. Find the good ones that support gay rights and ultimately the true you. Also, you’ll be surprised how many of the kids these days really do support LGBT. Change is happening!

Lastly, I can’t stress this enough. Love yourself. You are perfect the way you are, hold on to your uniqueness and appreciate it. Any obstacle you face can be overcome, there will always be tomorrow so keep calm and carry on.

Sincerely,
Older Andrew

the transpiration of andrew
transpiration-to pass through or come out  <–-----> hXXp://android8000.wordpress.com/

Sep 21st, 2011
by Jim Buzinski.

“Sam I Am” is a new blog written by Sam, a 16-year-old high school junior in Pennsylvania. In ninth grade he was on the school swim team, but he quit his sophomore season, feeling inadequate and lonely, which he chalks up to wrestling with his sexuality. Sam now intends to rejoin his swim team this winter, and is using his blog as a way to reach out, come out and tell his story.

This year I will be passionate about swimming. Even if I sometimes get tired of the repetitive laps. Even if my body aches, or I worry if I look good enough in a speedo. Me swimming has nothing to do with any of that. It has to do with me trying new things (or re-trying old ones); getting a good workout that makes me feel better and stronger; and, most of all, having the support of friends and a team. Experiencing my life with other people, so I’m not so fucking alone all the time. I can’t quit again for stupid reasons. Unless I’m truly dissatisfied doing something, I won’t allow my negative and anxious feelings control me. I won’t let any negative stereotypes of being gay get into my head and ruin my season.

I know Sam’s full name and his high school (it’s about 50 miles northwest of Philadelphia), but am not using it since he is not out to his family and I did not want them to stumble across his blog, which is not yet a week old. I think he should come out on his own terms. He is an engaging and gifted writer and what comes through is a guy who is lonely and introspective, yet determined to make connections and reach out to others like him. His inspiration was the blog Brad, Robert, Ben that we wrote about early this year. As Sam told me:

I decided to start the blog because I was really inspired by Robert, Brad, and Ben. I wanted to write blogs before but I just thought it’d be ridiculous of me to do it. But then I saw their blog and it was honest and it meant something, and I’m very tired of feeling lonely and disconnected from a lot of my guy peers so I was hoping I could connect with them and other gay teens like me.

One theme that has shown up in Sam’s posts is inadequacy, his feeling that being gay meant he couldn’t be good enough as an athlete. It’s something he is determined to conquer:

Last year, during my sophomore year, I quit the swim team. I didn’t try out for volleyball. I didn’t do the things I wanted because I just felt not good enough when I compared myself to the other guys. Honestly, comparing yourself to others is fucking hard. Don’t do it, and if you do (I mean we all do sometime or another) don’t let the thoughts define you. I knew it was the wrong choice but I felt like I couldn’t control it. I just didn’t feel like one of the guys. But I’ve learned that doesn’t matter. Whenever we put ourselves down, when we don’t feel like one of the guys, or we don’t feel good enough, we need to realize we are good enough. We are strong enough. We are athletic and talented and gifted enough. Being gay does not mean I am not as capable and adequate as every other guy. I let myself think that for too long and didn’t take chances that may have given me a bunch of friends and the support of a team. I am not going to make that mistake again, and I hope, whoever is reading this, that you don’t let negative thoughts and feelings stop you from achieving what you want either.

Sam’s latest post is “I can’t quit again,” which could be his mantra and that of any young gay athlete struggling to fit in. Sam told me he thinks he would be accepted as gay by the swim team, though he is aware that he could be made fun of.

I urge people to check out Sam I Am and post comments or drop him a line. He especially wants to hear from other gay teens or athletes. I think these blogs can make a difference and welcome hearing new and powerful voices from people like Sam.

Apparently this blog has been deleted  :cry2:

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