Rod 2.0:Beta

Obama Administration to Lift HIV Travel Restrictions

You are looking at a global map that details countries that impose HIV travel and residence restrictions. (Expands when you click.) The United State is one of many nations colored "red" that impose restrictions against HIV-positive foreign nationals from entering the country. The Obama Administration has taken the first steps in lifting the regulatory ban that was signed into law last summer by George W. Bush.

The Office of Management and Budget posted a notice on its site Friday afternoon indicating that the department of Health and Human Services could move forward with steps to change a regulation that has restricted HIV-positive people from gaining entrance into the United States.

The proposed change will likely have an impact on both travel and immigration to the United States. Under current regulations, non-U.S. citizens who are HIV-positive cannot travel to the United States unless they are granted a waiver by the Department of Homeland Security. Immigrants have also been required to be tested for HIV. The actual regulatory change, however, will not be available until next week, and advocates are waiting to analyze the exact language.

The new regulations will be published in the federal register tomorrow and must undergo several review periods. "We’re hoping it will take effect by the end of the year," says Steve Ralls, communications director for Immigration Equality.

The HIV travel ban is a mean-spirited relic of the Jesse Helms era. It was approved in 1987 and codified by Congress in 1993. Good bye and good riddance ... and kudos to the Obama Administration for taking the first steps to lift the ban.

UPDATE: Duh. Didn't post the map earlier.

UPDATE2: HRC Backstory reports the new regs will be published in the Federal Register tomorrow "which will signal the start of the public comment period."

Cheney Comes Out for Marriage Equality at National Press Club

Speaking at the National Press Club this afternoon, former Vice President Dick Cheney, the Darth Vader of presidential politics, offered a qualified endorsement for same-sex marriage, reports Politico.

"I think that freedom means freedom for everyone. As many of you know, one of my daughters is gay, and it is something we have lived with for a long time in our family. I think people ought to be free to enter into any kind of union they wish. The question of whether or not there ought to be a federal statute to protect this ...  don't support."

These comemnts echo similar statements made by Cheney in 2000 and 2004 when he (in)famously out-flanked George W. Bush to the left on LGBT rights. Cheney also offered this tepid explanation for why the Bush Administration pursued a federal marriage amendment: "I think his perception was that the courts, in effect, were beginning to change, without allowing the people to be involved. The courts were making the judgment for the entire country

AFTER THE JUMP, via Queerty and Joe.My.God, watch the former vice-president who approved torture, waterboarding and warrantless surveillance "endorse" same-sex marriage. There is also a transcript via Politico. Cheney says nothing about DOMA so perhaps his neo-conservative largesse only extends to marriage and civil unions at the state level.

Challenge to Proposition 8 Filed in Federal Court

The Advocate reports conservative legal hitman Ted Olson has filed a federal challenge to Proposition 8.

"Two attorneys who argued opposing sides of the 2000 Bush v. Gore lawsuit before the U.S. Supreme Court have filed a challenge to Proposition 8 in federal court. Theodore B. Olson, the U.S. solicitor general from 2001 to 2004 under President George W. Bush, and David Boies, a high-profile trial lawyer who argued on behalf of former vice president Al Gore, filed the suit May 22 in U.S. district court on behalf of two California gay couples. The attorneys argue that relegating same-sex couples to domestic partnerships instead of granting them full marriage rights is a violation of the equal protection and due process clauses of the Fourteenth Amendment to the U.S. Constitution."

It's absolutely encouraging that a federal challenge to Proposition 8 has been filed. But it's also more than a little disturbing that a conservative apparatchik is running the legal strategy and we don't know who is paying the bills. I'm just sayin' ...

Condoleezza Rice "Verbally Approved" CIA Waterboard Request

Former national security adviser and secretary of state Condoleezza Rice "verbally approved" the "earliest known request" by the Central Intelligence Agency  to torture and waterboard detainees, reports the Associated Press, which contradicts her own testimony.

As national security adviser to former President George W. Bush, Condoleezza Rice verbally approved the CIA's request to subject alleged al-Qaida terrorist Abu Zubaydah to waterboarding in July 2002, the earliest known decision by a Bush administration official to OK use of the simulated drowning technique.

Rice's role was detailed in a narrative released Wednesday by the Senate Intelligence Committee. It provides the most detailed timeline yet for how the CIA's harsh interrogation program was conceived and approved at the highest levels in the Bush White House.

Last fall, Rice acknowledged to the Senate Armed Services Committee only that she had attended meetings where the CIA interrogation request was discussed and asked for the attorney general to conduct a legal review. She said she did not recall details. Rice omitted her direct role in approving the program in her written statement to the committee.

The revelations come on the same day Attorney General Eric Holder announces "no one is above the law" and weighs potential prosecutions of Bush officials who authorized harsh interrogation techniques.

Holder's claim is lofty—and fwiw, Rice should not be a candidate for investigation, depite obviously lying to the Armed Services Committee—but it will be interesting to see if which if any CIA officials or interrogators are investigated. It is very interesting that CIA's Acting General Counsel John Rizzo was one of the architects of the Bush Administration's "enhanced interrogation" program. Yet Rizzo remains general counsel of Central Intelligence.

House Judiciary Committee Passes Hate Crimes Prevention Act

The House Judiciary Committee passes H.R. 1913, the Local Law Enforcement Hate Crimes Prevention Act by a vote of 15-12. The bill is sometimes called the Matthew Shepard Act.

Rep. John Conyers (D-Mich.), chair of the judiciary panel, introduced the bill earlier this month. Republican members added numerous "hostile amendments" to "bog down discussion" during the two-day markup, reports the Washington Blade: "There was protracted discussion in committee Wednesday and Thursday of several amendments to the Local Law Enforcement Hate Crimes Prevention Act. The measure is intended, among other things, to allow the Justice Department to assist in the prosecution of hate crimes committed against LGBT people that result in death or serious injury. Amendments offered by the committee's Republican members, though, sought to include unborn children, military members and pregnant women in the measure. Another proposed amendment sought to strip passages regarding 'gender identity' from the bill. The amendments were voted down."

The bill heads to the House floor for a vote, which some Capitol Hill observers say "could occur as soon as next week." Two years ago this week, a similar bill passed the same committee and later passed the House of Representatives 237-180. President George W. Bush vetoed the bill.

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House Judiciary Committee to Vote Wednesday on Hate Crimes Bill

After languishing in Congress for more than a decade, gay rights advocates expect federal hate crimes will see strong and swift movement due to support from legislators and a sympathetic president in the White House. The hate crimes bill scheduled for a Wednesday markup in the House Judiciary Committee, Southern Voice reports:

"The bill, H.R. 1913, the Local Law Enforcement Hate Crimes Prevention Act of 2009, would give federal officials authority to prosecute hate crimes targeting people because of their sexual orientation or gender identity, among other categories.

"Rep. John Conyers (D-Mich.), chair of the judiciary panel, introduced the bill earlier this month. The House and Senate passed similar versions of the bill in past years, but supporters were unable to line up enough support to win final passage.

"The bill is scheduled to come before the committee in a 10:15 a.m. markup hearing Wednesday, where Democratic and Republican members are free to offer amendments to change the proposed legislation."

The hate crime bill should easily pass committee where Democrats outnumber Republicans 23-16. Rep. Tammy Baldwin (D-Wisc.), the only open lesbian in Congress, is among the committee's members.

Exactly two years ago this week, a similar bill passed the same committee. It passed the House of Representatives on May 3, 2007, 237 to 180. President George W. Bush vetoed the bill. President Barack Obama vows to sign gay-inclusive, federal hate crimes legislation.

Obama Appoints Tony Dungy to Faith Based Advisory Council

The Obama Administration's expansion of faith-based initiatives and its impact on the gay and lesbian community returns to the news. The President has invited Former Indianapolis Colts Coach Tony Dungy to the advisory board—the first black coach to win a Super Bowl and known for his social conservative views against gays. US News & World Report broke the story:

"The White House has invited recently retired NFL Coach Tony Dungy, whose outspoken Christian faith fueled his 2007 support for a gay marriage ban and has won accolades from evangelical leaders, to join its Advisory Council on Faith-Based and Neighborhood Partnerships. The invitation is likely to draw praise from conservative evangelical groups and criticism from liberals and gay rights activists.

"The White House press office did not immediately respond to a request for comment. Officials with the Office of Faith-Based and Neighborhood Partnerships would not confirm the invitation to Dungy, but his publicist said rumors of the invitation in Washington were true. "I can confirm that Tony was contacted by the advisory council and asked to join," said Todd Starowitz, a publicist at Dungy's book publisher, in an E-mail message this morning. "He has yet to make a decision if he will accept the offer."

Dungy is a darling of the evangelical crowd and very friendly with James Dobson, rabidly anti-gay founder of the Focus on the Family. The coach created a huge controversy in 2007 by endorsing an Indiana ballot initiative to ban gay marriage and fundraising for the Focus on the Family-affiliated group that funded the initiative. "I feel like telling people when they look at this issue of same-sex marriage I'm not on anybody's side," Dungy said at the banquet sponsored by the Indiana Family Institute. "I'm on the Lord's side."

Gay activists raise concerns. GLAAD notes it is "unclear exactly what role Dungy will play in the advisory council" and is concerned "he can work objectively and effectively with LGBT nonprofits and LGBT community organizations."

Cyd Ziegler at Outsports is also unimpressed: "Unfortunately, people keep giving Dungy a pass on his hateful anti-gay positions. President George Bush previously included Dungy on his Council on Service and Civic Participation. It’s another reminder that our equal treatment and rights are still playing third fiddle to politics and the rights of chickens."

Ziegler makes a very good point. There are many apologists for Dungy's anti-gay views—and unfortunately many are in the black and black gay communities. (Read comments here, here and here.) But I'm not sure what influence Dungy will have. Why not adopt a wait-and-see attitude until Obama names the entire advisory council. Let's also keep in mind the President named Fred Davie, a black gay man, to sit on the board with Tony Dungy. That should mean something.

You May Have Missed ...
Obama Appoints Black Gay Man to Faith-Based Council [R20]
McClurkin to Perform at Super Bowl and Honor Dungy [R20]
Dungy Sits Down with Anti-Gay Dr. James Dobson [R20]
Why Is Dungy Endorsing Anti-Gay Fundamentalists? [R20]
Obama Calls for Expansion of Faith Based Initiatives [R20]
Obama Will Expand and Rename Faith-Based Office [R20]

News: Louis Smith, Bill O'Reilly, Madonna, Vermont Marriage

· UPS will no longer advertise on anti-gay right-winger Bill O'Reilly's show on FOX News.

· Japan will recognize the marriages of nationals who legally marry same-sex partners outside the country.

· British Olympic gymnastics bronze medalist and Rod 2.0 fave Louis Smith warms up for Europeans. Smith took silver in the London Open and heads to Milan for the Individual European Championships this week.

· Bilerico.com shut down for 9 hours by hackers who targeted the popular gay blog for the past year and a half.

· Two victories for gay rights in Delaware. The legislature rejects "a proposed same-sex marriage ban and approving a bill to prohibit discrimination based on sexual orientation—though not gender identity."

· Spain considers a criminal case against six former Bush administration officials—including former Attorney General Alberto Gonzales—who approved torture.

· British children's charity to Madonna: "Please think twice before adopting another African child."

· More than 300 supporters of marriage equality rally outside the office of Vermont's Republican Governor Jim Douglas, who promises to veto a gay marriage bill expected to pass the legislature next week. "He met for about 10 minutes with a handful of same-sex marriage supporters, but they came away unsatisfied. 'I don't believe we made any headway," Sandi Cote-Whitacre of Georgia Center tells the Burlington Free Press. "We let him know we were terribly disappointed and we weren't going away." The bill passed the Senate earlier this week and is expected to pass the House. A two-thirds majority in both houses would be required override a veto and "it remains unclear" whether marriage proponents have the votes.

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Uganda Anti-Gay Conference: Forced "Ex-Gay" Therapy for Gays

AfroGay Blog first called this to our attention. The latest chapter in the steady wave of state-sanctioned, anti-gay hysteria in Uganda is truly bizarre and potentially deadly. "Exposing the Truth Behind Homosexuality and the Homosexual Agenda" is a three-day seminar in Kampala that features several anti-gay American "experts" who believe in homosexuality can be "cured." Panelists suggest the rabidly anti-gay government should force suspected gays and lesbians—even students—"to therapy rather than imprisoning them."

The keynote speaker is Ethics and Integrity Minister James Nsaba Buturo, the same cabinet minister who warned gays to leave the country and previously announced a major anti-gay offensive. Uganda already has some of the most draconian anti-gay legislation on the planet—sodomy is punishable by life imprisonment—but Buturo will submit more restrictive bills on homosexuality to parliament.

[Buturo] says pornography is partly a cause of homosexuality since it negatively affects the morals of the victims of pornography and makes them easily susceptible to the vice of homosexuality. He says the provision in the penal code on homosexuality is too small to cover all concerns in homosexuality. [...]

The President of Defend the Family International, Scott Lively says it is good for the government of Uganda to criminalize homosexuality but the government should subject the criminals of homosexuality to a therapy rather than imprisoning them.

Lively says this is aimed at the criminals recovering from homosexuality which is the main objective of those fighting homosexuality and not to punish homosexuals through imprisonment. He says even schools should borrow this idea of therapy in dealing with gay students.

Victor Juliet Mukasa is a transgender lesbian and one of the few LGBT activists in Uganda willing to publicly speak out. Mukasa is attending the conference and blogging for the International Gay and Lesbian Human Rights Commission (IGLHRC). Some of his report from Day One:

[Conference Organizer] Stephen Langa said that homosexuality is a big problem and the existing laws that criminalize gay people are not good enough. He kept referring to the recent victory in the case Victor Mukasa and Yvonne Oyo vs. Attorney General as one that gay activists are going to keep using to promote their agenda.

[Ugandan lesbian activist] Kasha Jacqueline told me that Stephen Langa was telling immense lies, claiming that gay rights activists recruit young people into homosexuality. Langa testified that he knows 2 girls at a particular boarding school who were given a lot of money by gay activists in Uganda to recruit their colleagues into lesbianism. He claimed that by the end of the year, they had managed to recruit 13 friends, all of whom were given money to recruit others.

Kasha was incensed by these claims: "I have spent a long time as a leader in the gay struggle in Uganda and sometimes we cannot afford to do our advocacy work because of lack of funds," she said. "How then can we give out money for recruitment. That’s not logical and it is a huge lie he was telling to Ugandans."

The rest of the workshop was dominated by Don Schmierer, a member of the board of the American "ex-gay" organization, Exodus International. His presentation was focused around his understanding of family morals and values. He told participants that one of the biggest causes of homosexuality is the lack of "good upbringin" in families—children should be brought up in proper Christian ways. He said that 56% of homosexuals experience abuse and violence in their families during their childhood. The abuse leads to pain, anger and hatred in the life of a child and this turns them into homosexuals.

Ex-Gay Watch reports Don Schmierer is a board member of Exodus International, the Focus on the Family-affiliated "ex-gay" organization, and "has written books on 'preventing homosexuality'."

Seems like the anti-gay so-called Christians are exporting their favorite talking point—"abuse turns children into homos"—to Africa. The meme is very popular in the black church community ...

Uganda's leading anti-gay evangelist, Dr. Martin Ssempa, will speak at the conference over the weekend. Ssempa's church is the focal point of fundamentalist anti-gay activity in Uganda and partially funded by the Bush Administration's faith-based grants. "The American religious right is finally showing its hand and revealing the depth of its support for homophobia in Africa," says IGLHRC’s Executive Director Cary Alan Johnson. "This seminar will increase violence and other human rights abuses against LGBT people, women and anyone who doesn’t conform to gender norms."

Some Background ...
Rare Court Victory for Uganda Gays [R20]
Uganda Launches Major Anti-Gay Offensive [R20]
Uganda' Muslim Cleric: Exile Gays [R20]
Uganda Ethics Minister Advises Gays to Leave [R20]
Report: "Abstinence Only" Policy Spreads HIV, Death [R20]
Bush Admin Funding Anti-Gay Groups in Uganda [R20]
UG Minister Receives Award for Anti-Gay Crusade [R20]

Obama to Repeal Bush's "Provider Conscience" Regulations

Sanity returns to health care policy. The Barack Obama administration will repeal the much-criticized "provider conscience" regulations that have been used to discriminate against gays, persons with HIV/AIDS, and women seeking abortions.

The regulations, instituted in the last days of the Bush administration, strengthened job protections for doctors and nurses who refuse to provide a medical service over religious beliefs.

Human rights groups say the regulations could impair LGBT patients’ access to care services if interpreted to permit providers to choose patients based upon sexual orientation, gender identity or family structure.

The regulations also threaten women’s access to comprehensive health care by permitting pharmacists to refuse to dispense contraception even when doing so significantly burdens the patient’s access, or to refuse to participate in an emergency abortion even when the woman’s health is at risk.

The regulations, which were rushed through days before Bush left office, override many state laws protecting patients’ access to medical services.

There have reports these regulations have been abused. CVS locations in Washington D.C. have been accused of limiting access to condoms and some pharmacists refuse to dispense birth control pills. Gay activists in Chicago have accused several Walgreens locations of refusing to sell condoms to gay men.

One of President Obama first official acts was to begin the reversal of  Bush's much-criticized family-planning and AIDS-prevention strategies that have "linked global funding to anti-abortion and abstinence education." It's about time science and public health concerns replaced religious fundamentalism and right wing screeds in health care policy.

Some Background ...
Obama to Reverse Bush on HIV, Condoms, Abstinence [R20]