[India] Gay sex decriminalised in India

suggested by Nia, re-posted from BBC News

Gay sex decriminalised in India, 07/01/09

A court in the Indian capital, Delhi, has ruled that homosexual intercourse between consenting adults is not a criminal act.

The ruling overturns a 148-year-old colonial law which describes a same-sex relationship as an "unnatural offence".

Homosexual acts were punishable by a 10-year prison sentence.

Many people in India regard same-sex relationships as illegitimate. Rights groups have long argued that the law contravened human rights.

Delhi's High Court ruled that the law outlawing homosexual acts was discriminatory and a "violation of fundamental rights".

The court said that a statute in Section 377 of the Indian Penal Code, which defines homosexual acts as "carnal intercourse against the order of nature" and made them illegal, was an "antithesis of the right to equality".

'India's Stonewall'

The ruling is historic in a country where homosexuals face discrimination and persecution on a daily basis but it is likely to be challenged, says the BBC's Soutik Biswas in Delhi.

It also promises to change the discourse on sexuality in a largely conservative country, where even talking about sex is largely taboo, our correspondent says.

Gay rights activists all over the country welcomed the ruling and said it was "India's Stonewall".

New York's Stonewall riot in 1969 is credited with launching the gay rights movement.

"It [the ruling] is India's Stonewall. We are elated. I think what now happens is that a lot of our fundamental rights and civic rights which were denied to us can now be reclaimed by us," activist and lawyer Aditya Bandopadhyay told the BBC.

"It is a fabulously written judgement, and it restores our faith in the judiciary," he said.

Leading gay rights activist and the editor of India's first gay magazine Ashok Row Kavi welcomed the judgement but said the stigma against homosexuals will persist.

"The social stigma will remain. It is [still] a long struggle. But the ruling will help in HIV prevention. Gay men can now visit doctors and talk about their problems. It will help in preventing harassment at police stations," Mr Kavi told the BBC.

But the decision was greeted with unease by other groups.

Father Dominic Emanuel of India's Catholic Bishop Council said the church did not "approve" of homosexual behaviour.

"Our stand has always been very clear. The church has no serious objection to decriminalising homosexuality between consenting adults, the church has never considered homosexuals as criminals," said Father Emanuel.

"But the church does not approve of this behaviour. It doesn't consider it natural, ethical, or moral," he said.

The head cleric of Jama Masjid, India's largest mosque, criticised the ruling.

"This is absolutely wrong. We will not accept any such law," Ahmed Bukhari told the AFP news agency.

In 2004, the Indian government opposed a legal petition that sought to legalise homosexuality - a petition the high court in Delhi dismissed.

But rights groups and the Indian government's HIV/Aids control body have demanded that homosexuality be legalised.

The National Aids Control Organisation (Naco) has said that infected people were being driven underground and efforts to curb the virus were being hampered.

According to one estimate, more than 8% of homosexual men in India were infected with HIV, compared to fewer than 1% in the general population.

[Senegal] Nine Gay Convinctions Overturned & Released

re-posted from BBC.co.uk

Gay Convictions Quashed, 04/20/09

Senegal's court of appeal has quashed January's convictions of nine men for homosexuality and ordered their immediate release.

They were sentenced to eight years in jail after being found guilty of "indecent conduct and unnatural acts".

The men - who part of an anti-HIV/Aids group - were arrested in December at a flat in a suburb of the capital, Dakar.

Homosexual acts are illegal in Senegal, a predominantly Muslim country where gay people remain marginalised.

The defence team argued at the beginning of the appeal last week that the case against the men was based mainly on anonymous tip-offs, reported AFP news agency.

The accused were not caught in the act as the prosecution had suggested during the trial, argued the defence.

French President Nicolas Sarkozy had expressed his concern at the original verdict.

The sentences were the highest ever handed down in Senegal for a homosexuality conviction and sparked outrage from international gay rights groups.

In sentencing the nine, the judge added three years to a five-year sentence, saying the men were also members of a criminal group.

In February 2008, the editor of a magazine in Senegal received death threats after publishing pictures claiming to depict a wedding ceremony between two men.

[NY] Governor to Submit Bill Legalizing Gay Marriage

suggested by Eric, re-posted from New York Times

Paterson to Submit Bill Legalizing Same-Sex Marriage in New York
by Jeremy W. Peters, 04/15/09

Gov. David A. Paterson plans to introduce legislation on Thursday to make marriage between same-sex couples legal in New York, advancing his push for greater rights for gay men and lesbians, at a time when other states have done so.

Mr. Paterson’s plans represent the most public effort yet by the governor, who has been a consistent supporter of gay rights, to position himself and New York at the crest of a broadening national movement.

The move allows him to lead on an issue that could prove defining in his governorship, which has so far been marked by political missteps and the crumbling economy.

But it is also something of a political gamble, because the legislation faces an uphill climb in the State Senate. Democrats acknowledge that they do not have enough votes there to get the measure approved, meaning that its chances could rest in the hands of a few Republicans.

The governor also risks alienating socially conservative voters at a time when he can least afford to drive away any more support.

Nevertheless, he has said he is committed to putting the measure to a vote in Albany sooner rather than later.

“The timing was always right,” Mr. Paterson said on Tuesday as he announced an economic-development grant in Nassau County. “It’s just who is willing to take that step. And I am.”

Once Mr. Paterson introduces the bill, a step that he is expected to formally announce on Thursday morning, the focus will shift to the Assembly, where the measure passed in 2007 by a vote of 85 to 61, and is expected to pass again this year.

“And I think that all could happen rather quickly,” said Micah Z. Kellner, a Democratic assemblyman who represents the Upper East Side. Once the Assembly acts, it will be up to Senate Democrats, who control the chamber 32 to 30, to decide whether to bring it to the floor for a vote. Some in the Senate, including its only openly gay member, Thomas K. Duane, have said they want the bill to be voted on only if its passage is certain.

Some same-sex-marriage supporters said they hoped that by introducing the measure now, when it is likely to receive plenty of attention after the Iowa Supreme Court’s decision this month overturning a ban on same-sex marriage and the Vermont Legislature’s vote last week to override a veto of a bill allowing gay couples to marry, the governor would create momentum for the bill.

“Maybe by coming out publicly like this and reaffirming his support for marriage equality, the governor can sway some colleagues in the other house who might be nervous about voting for this,” said Matthew Titone, a Democratic assemblyman from Staten Island. “I think it’s an opportunity for him to show people that he really believes in something.”

But cracking the Senate Republican conference, which is known for its unanimity and solidarity, will be a difficult task, same-sex-marriage supporters concede. Republican leaders have said they are not budging on the issue.

“Our conference hasn’t supported gay marriage, and nothing has changed,” said John McArdle, a spokesman for Senate Republicans.

But Mr. Duane said that he had assurances from some Republicans that they would vote for the bill. He declined to name them.

Still, Mr. Duane said that while the governor’s bill was an important gesture, it could end up being ultimately just that.

“It’s still only paper, words, unless we all fight to make it a reality,” he said.

[VT] Vermont Lawmakers Override Veto, OK Gay Marriage

re-posted from NPR.org

VT Lawmakers Override Veto, OK Gay Marriage

April 7, 2009

Vermont lawmakers on Tuesday overrode the governor's veto of a measure legalizing same-sex marriage, making the state the fourth to allow gay and lesbian couples to wed — but the first to do so through legislation.

Both houses of the Democratic-controlled Vermont Legislature mustered the necessary two-thirds vote to override Gov. Jim Douglas' veto, issued just hours earlier. The vote was 23-5 to override in the state Senate and 100-49 to override in the House.

The move comes nine years after Vermont became the first state to allow civil unions for gay couples. Massachusetts, Connecticut and Iowa also allow same-sex marriage after courts ruled gays could not be excluded.

The vote in Vermont was a major victory for gay marriage supporters, some of whom celebrated outside the House chamber as the vote was announced.

Robert Dostis said he and his partner, Chuck Kletecka, were making wedding plans for the fall. "We haven't decided who's going to propose to who yet, but we've been together 25 years in September, so I think Sept. 14 could be a nice wedding day," Dostis told NPR.

The veto's overturn follows an April 3 decision by the Iowa Supreme Court, which struck down a law limiting the definition of marriage to a man and a woman. The high court said the law violated the constitutional rights of equal protection. That ruling opens the door for gays and lesbians to exchange vows in Iowa as soon as April 24.

Iowa lawmakers had "excluded a historically disfavored class of persons from a supremely important civil institution without a constitutionally sufficient justification," the justices wrote.

[Iowa] High Court Strikes Down Ban on Gay Marriage

re-posted from NPR

Iowa High Court Strikes Down Ban on Gay Marriage, 04/02/09

Iowa's Supreme Court struck down the state's ban on gay marriage, saying the provision violates the constitutional rights of gay and lesbian couples.

The unanimous ruling issued Friday would make Iowa the third state where gay marriage is legal. The court's decision upholds a 2007 Polk County District Court judge's ruling.

The 2007 ruling prompted nearly two dozen people to apply for marriage licenses in Polk County, Iowa's most populous county and home to Des Moines. Only one couple managed to get married before the decision was stayed the next day.

The case stems from a 2005 lawsuit filed by Lambda Legal, a New York-based gay rights organization. The group filed a lawsuit on behalf of six gay and lesbian Iowa couples who were denied marriage licenses.

Gay rights supporter and former state lawmaker Ed Fallon told NPR that the ruling is consistent with Iowa's history.

"Iowa has always been on the cutting edge of civil rights," Fallon said, "whether it's regarding desegregation of schools or the rights of African-Americans to be full citizens."

"This is huge. And I think it's a testament to the fairness and sense of decency that Iowans have," he said.

The decision makes Iowa the first state in the Midwest and the third in the nation to legalize gay marriage. Massachusetts and Connecticut permit same-sex marriage; California did briefly before voters passed a ban in November.

During oral arguments before the Supreme Court in December, Des Moines lawyer Dennis Johnson argued Iowa's ban violated his clients' due process and equal protection rights.

Roger J. Kuhle, an assistant Polk County attorney, argued that the lower court's ruling for the plaintiffs violates the separation of powers and that the issue should be left to the Legislature.

During oral arguments, Chief Justice Marsha Ternus explained that the high court would determine whether the district court erred by finding that the same-sex marriage ban violated the state constitution and whether it erred by not allowing the county's expert witness testimony.

The timing of the decision could be awkward for state lawmakers who are on track to end the legislative session in coming weeks.

Senate Majority Leader Mike Gronstal (D-Council Bluffs) told reporters that it's "exceedingly unlikely" the Legislature would deal with the gay marriage issue this year, regardless of the court's ruling.

"This is the final step in a lengthy legal proceeding," said Gronstal. "We're going to wait and see that decision and review it before we take any action."

[California] Couple Marching from LA to SF to Repeal Prop 8

re-posted from Indybay.org

by Revoke 8!

Couple Marching Through California to Revoke Prop 8

Valerie Paget and Tracie Jones, a Los Angeles couple affected by the passage of Proposition 8, will arrive in Santa Cruz Tuesday on a march through California to demonstrate their conviction that the California Supreme Court should revoke Prop 8. They are marching from West Hollywood Park to the California Supreme Court in San Francisco. In coordination with Rick Jacobs of the Courage Campaign, they will deliver a petition to revoke Prop 8 that has been signed by over 250,000 people.

As they march, Valerie and Tracie are carrying their message through every community along their route from Los Angeles to San Francisco, collecting signatures, rallying communities, and gathering personal letters and video testimonies from Californians to bring to the courthouse.

"We will carry the demands for full equality from our streets to the steps of the California Supreme Court, gathering support as we go," they said.

"Valerie and Tracie's walk to the Supreme Court will move Californians to recognize the importance of equal marriage rights. Their march across California will help to sustain the tremendous grassroots movement for marriage equality that we've seen in our communities," said Rick Jacobs of the Courage Campaign.

The public is invited to walk with Valerie and Tracie along this historic 450-mile, five week march for equal rights. Supporters can encourage Valerie and Tracie and follow their progress online at http://www.Revoke8.blogspot.com and http://www.Revoke8.com.

ABOUT Tracie & Valerie - Valerie and Tracie met in 1998 while working at a group home for disadvantaged children. They soon fell in love and exchanged wedding rings. They filed for Domestic Partnership in 2001 to ensure some basic legal recognition and protection. Then, on their 10-year anniversary, in April 2008, they were married in Vancouver, Canada.

On May 15th, the California Supreme Court ruled that marriage between same sex couples is protected by our state constitution, declaring Tracie and Valerie’s marriage valid and recognized by the state of California. Immediately, the threat of Prop 8 became apparent. On May 18th, the couple began working in their community to defeat Prop 8, donating their time through Election Day.

Although devastated by the passage of Prop 8, which invalidates their marriage in California, Valerie and Tracie are inspired by the groundswell of protest against Prop 8. With the status of their own marriage hanging in the balance, they have vowed to fight this discrimination and continue the battle for equal rights. Taking leaves of absence from their jobs, they will bring the message of Equal Rights all the way to the State Supreme Courthouse in San Francisco …on foot.