Rod 2.0:Beta

Sotomayor Asked About Same-Sex Marriage in Questioning

In Day Three of her confirmation hearings, LGBT issues made their first appearance today when Supreme Court nominee Sonia Sotomayor was finally asked about same-sex marriage. Sen. Chuck Grassley, the conservative Iowa Republican, asked Judge Sotomayor about a 1972 marriage equality case called Baker v. Nelson, notes the Los Angeles Times.

Did she agree, he asked, that the case, Baker vs. Nelson, reserved the question of marriage to the states? As she has with other topics, Sotomayor said she couldn’t comment because questions about marriage are pending in many courts and might reach the Supreme Court.

Grassley challenged her on that point. He wondered aloud why she couldn’t comment on Baker because it’s legal precedent. He noted that on Tuesday she said that Roe vs. Wade, which legalized abortion, was an established legal precedent. If she could characterize the status of Roe, he asked, why not Baker?

The judge replied that she had not reviewed Baker in some time but offered to review the case overnight and report on it Thursday. Grassley said he would welcome that.

HRC Backstory notes: "Baker is the only U.S. Supreme Court ruling on marriage equality, The Minnesota Supreme Court ruled that two men could be denied a marriage license because Minnesota law limited marriage to men and women."

Grassley followed up with a question on constitutionality of the Defense of Marriage Act. Sotomayor refused to answer because of the pending DOMA cases, such as Gill v OPM and Perry v Schwarzenegger, the former being the Massachusetts case and the latter is the Olson-Boies case.

WHEN YOU JUMP, via HRC Backstory, watch the exchange between Grassley and Sonia Sotomoayor. Looking forward to tomorrow. Oh and how about a SCOTUS nominee who promises to study on a social issue and will discuss it the next day? You go girl.

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Memphis Commercial Appeal: Black Churches "Hypocritical" and "Use Scripture to Reject Black Gays"

At the same Congress and White House debate changing  "Don't Ask, Don't Tell", the military policy that limits service by openly gays or lesbians, another "Don't Ask, Don't Tell" policy is in the news: The traditional black church's often hypocritical acceptance of black gay men who are "tolerated" as long they are not open or dare to demand equal footing. The most recent example: Terrell Carter's "come to Jesus" moment while acknowledging "gossip" around his sexuality but refusing to admit the truth. The audience clapped and praised him.

Memphis Commercial Appeal columnist Wendi C. Thomas writes a searing op-ed that describes the traditional black church as "a tangle of theology, hypocrisy and secrecy." The column is a must-read.

The hypocrisy is that the black church has always been home to gay men and women. Yet while largely ignoring sexuality in all its other forms, the church often delivers messages of shame to gay people, who endure it while they sit in the pews and sing in the choirs. The secrecy demands that in a traditional black church, gay people must hide. The rumors of prominent black Christians who are gay are rampant, but only one—singer Donnie McClurkin—acknowledges having had sex with men.

"It's not so much that the black church doesn't want gay men, they don't want openly gay men," said Devon Berry, who is black and gay. "They don't want you in there being proud of who you are."

Berry, 22, was raised in traditional black churches, but no longer attends church. However, his boyfriend does—in fact, his boyfriend is the choir director at a local black church. The couple's second date was at the 2008 Church of God in Christ's annual convocation in Memphis. In fact, Berry said, every man he dated he has met through church.

Thomas attempted to contact a number of the larger, more vocal anti-gay black churches, even one who bought a full-page ad that slammed gay a proposed gay rights measure. None would talk, she says. "Few churches talk about sexuality—gay or otherwise—because if they did, they'd have to address the promiscuity among heterosexual parishioners and all the married pastors with girlfriends."

There is so much shame, guilt and hypocrisy in the church in general and black church in particular. As seen in the many recent comments at Rod 2.0, black gay men in the church are pre-programmed to "cover " for each other and help "conspire to keep the closet doors shut", as several readers observed. It's a bizarre alternate reality.

A "date" at the annual convocation of the Church of God in Christ? Surely this is one of the most anti-gay and oppressive black churches, yet, boasts a large gay underground.  It seems to go hand in hand, no?.

Oh and for bonus points, read the almost 300 comments. Blatantly homophobic and typical "love the sinner, hate the sin", Leviticus-quoting hate that passes as "love" in the Bible Belt.

The Straight and Narrow [Memphis Commcl Appeal]

NY Gov. Paterson Will Ask for Marriage Vote in September

If it isn't obvious by now: A planned marriage-equality vote in the New York Senate is off the table until a special session in September.

After a month-long stalemate, the Senate passed over 100 bills Friday night. They did not vote on several major items, such as marriage equality and mayoral control of city schools.

Just to keep track on who's on what base, the Democrats are back in control. For now. State Senator Pedro Espada Jr. switched sides again and was appointed Senate Majority Leader. Former Senate Majority Leader Malcolm Smith remains Senate president.

The Assembly passed a marriage bill 89-52 in May.

Marion Barry Blames Ethics Investigation on Gay Councilman

The growing scandal around Marion Barry becomes operatic. Records show the ethically challenged Washington D.C. Council member and former mayor apparently directed nearly $1 million in city funds to groups under the control of his own staff. The newly anti-gay Barry blames the investigation on an openly gay Council member, reports Gay Politics.

Barry is accusing his openly gay colleague, David Catania, of targeting him on unrelated ethics questions because Barry refused to support a measure that resulted in the District government recognizing legally-married same-sex couples, according to report by a local FOX News affiliate. Barry, a longtime supporter of LGBT rights in D.C., has cited dischord between the LGBT community and African-American religious leaders for his current stance on marriage equality.

At stake is nearly $1 million in city funds directed to six alleged non-profit groups in SE Washington DC. Washington City Paper reports: "The [incorporation] documents were drawn up by paid Barry staffers and notarized by a close political ally of Barry." In addition, a woman who managed one of the groups claims Barry's office forged her signature on fraudulent documents. Catania wants the Inspector General to investigate.

The four-times married, ex-convict, tax-evading crack addict caught in an FBI sting with a prostitute recently declared himself one of the city's "moral leaders." Barry, who is currently married, is also being investigated for giving his girlfriend a job and has been charged with stalking her in a public park. Will he also blame this on "teh gays"? And what does fellow "moral leader" and anti-gay crusader Bishop Harry Jackson (@BishopHarry) think about Barry's stalking and extra-marital sexcapades?

DADT Amendment Gaining Traction in Senate, Reid Wants Full Repeal

Growing movement in the Senate on securing passage of the Hate Crimes Act—which passed the House on April 29 by 249-175—and an amendment that puts a moratorium "Don't Ask, Don't Tell" investigations and discharges.

Senate Judiciary Chair Patrick Leahy (D-VT) will add hate crimes legislation as an amendment to the Department of Defense re-authorization bill. AMERICAblog's Joe Sudbay has video with Judy Shepard discussing the Matthew Shepard Act.

Majority Leader Harry Reid (NV), seen here with Judy Shepard, mother of Matthew Shepard, was asked about the DoD re-authorization this afternoon. Chris Johnson at the Washington Blade asked the Leader if he supports Sen. Kirsten Gillibrand's (NY) introduction of an amendment that would put an 18-month moratorium on the discharge of gays serving in the military. Reid would take it a step further and tells the Blade: "I would support that. My only difference I would have is I would make it permanent."

I feel on this issue that we’re having trouble, we’re having trouble getting people into the military and I think that we shouldn’t turn down anybody that’s willing to fight for our country—certainly based on sexual orientation. I feel strongly that—I support the president. I support the members of the Joint Chiefs who have not spoken out publicly. If Kirsten offers this amendment I will support it.

A major departure by Reid, who only one month ago said the Senate would take action if the House and/or White House did something.

Kerry Eleveld at The Advocate: "A spokesman for Gillibrand said the New York Democrat 'wholeheartedly supports' full repeal of the military’s gay ban. 'This is one avenue she would consider pursuing if there is sufficient support, said Matt Canter. Which is still a big “if” at the moment since Gillibrand would have to find 60 votes over a two-week span in which the Senate is consumed with climate change legislation, health reform, and the confirmation hearings of U.S. Supreme Court nominee Sonia Sotomayor. But LGBT organizations generally favor the strategy."

What strategy, asks John Aravosis at AMERICAblog. "We'll need the whip list to know who is with us and who isn't. If there isn't even a whip list, then this isn't really a well thought out legislative strategy (although it may be a good political strategy for Gillibrand.) Also, a key question for those pushing the 18-month moratorium is whether it actually gets us additional votes. If it doesn't, then we're just compromising with ourselves."

AFTER THE JUMP, via the new AMERICAblog Gay, watch Senate Majority Leader Harry Reid discuss Gillibrand's amendment. Finally soem "leadership" from the Majority Leader on this issue.

Bishop Harry Jackson Now Follows Rod 2.0 on Twitter

Bishop Harry Jackson (@BishopHarry) takes a moment from gay-bashing and trying his best to prevent marriage equality in Washington D.C. to follow Rod 2.0 on Twitter.

Too bad his updates are protected. Would love to see if he Tweeted about fellow "moral leader" and anti-gay crusader Marion Barry's latest stalking and extra-marital sexcapades. Something tells me he didn't.

Let's ask him in Twitter.

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New Surgeon General's Only Brother Died of HIV-Related Illness

When President Barack Obama nominated Dr. Regina Benjamin for the post of Surgeon General, there was considerable reason to be impressed with the credentials. The rural Alabama doctor won a MacArthur Foundation "genius grant" last year, became the first black woman to be president of a state medical society and the first black woman and the youngest doctor elected to the American Medical Association's board, etc. etc.. But this little-reported biographical data point from Dr. Benjamin's remarks at the White House were most impressive:

Public health issues are very personal to me. My father died with diabetes and hypertension. My older brother, and only sibling, died at age 44 of HIV-related illness. My mother died of lung cancer, because as a young girl, she wanted to smoke just like her twin brother could. My Uncle Buddy, my mother's twin, who's one of the few surviving black World War II prisoners of war, is at home right now, on oxygen, struggling for each breath because of the years of smoking.

Very promising that the next Surgeon General has a personal and immediate understanding of HIV. HIV/AIDS has dramatically increased in the inner cities and the South. Black gay men are the most likely to become infected with the virus. Those numbers are unfortinately increasing.

Dr. Regina Benjamin's nomination for surgeon general requires Senate confirmation. She is almost certainly to be confirmed.

August Provost's Family: Military Said Murdered Sailor was "Found Unconscious", Not Shot Three Times

More details to suggest the United States Navy is not forthcoming in the case of Seaman August Provost III, the black gay sailor found brutally murdered at Camp Pendleton on June 30th. The family offers a very disturbing timeline, saying the military did not tell them this was a homicide and neglected to reveal the manner of death. 

Congresswoman Sheila Jackson-Lee, who represents Houston and Provost's family, tells the Houston Chronicle: "I am requesting a full investigation into the murder. This death appears bizarre, and more facts need to be uncovered."

Provost's mother, Melanie Provost, said Sunday the military originally told her simply that her son had been found unconscious in the guard shack and later died. "The only way I found out my son had been shot and burned was on TV," she said. Her son had mentioned to her before he died that he was being harassed by some fellow sailors, but he handled it stoically, she said.

Jackson Lee said the incident should lead the military to be less tolerant of similar harassment. "If he was being harassed, why was the bad behavior being covered up? Why was the person still there?" Jackson Lee said. The congresswoman would like to see the military's “Don't Ask, Don't Tell” policy toward gay service members lifted, but says other changes are needed to prevent discrimination of all kinds. Family members say that policy played a part in Provost's poor treatment in the Navy, however.

"Because of ‘Don't Ask, Don't Tell,' he couldn't say anything," said his niece, Keonna Johnson-Jones. "He couldn't go to his superiors."

Provost was shot three times, apparently gagged and bound, and his body burned. Provost told his family he was harassed and ostracized at Pendleton for at least a year because he was gay and black. The family belives the 29-year-old Provost was the victim of a hate crime—and the Navy says the torture, shooting and burning of a sailor at military base was a "random act" of violence.

The seaman was laid to rest with full military honors on Friday.

If the United States Navy will not even tell Seaman Provost's family how their son died in the line of duty, do we really believe their so-called "investigation" will yield the "truth"?

Murdered Seaman August Provost Laid to Rest, Racist and Homophobic Comments in News Coverage

U.S. Navy Seaman August Provost III, the black gay sailor found brutally murdered at Camp Pendleton ten days ago, was laid to rest with full military honors in Houston,

Although the family maintains the 29-year-old Provost was the victim of a hate crime—and the Navy says it was a "random act" of violence— Seaman Provost's mother, Melonie Collins, set that question aside at the funeral, reports the Houston Chronicle.

"At one point, she left her seat at his funeral to stand beside another sailor, who broke down singing a song he had written about Provost. Her presence seemed to give the sailor, Jack Hunter, strength to finish. "We loved your smile. You made every day worthwhile. Oh, how we miss you. And we wish you were here," sang Hunter.

Friends and family praised Provost for his “powerful love” of all people, never caring about sexual orientation or race. Only one longtime family friend, Allie Harrison, alluded to concern over whether the gay sailor's death was a hate crime. "I believe with all my heart the truth will be revealed and any lies uncovered," she said from the pulpit.

Provost was shot three times, apparently gagged and bound, and his body burned. The seaman told his family he was harassed and ostracized at Pendleton for at least a year because he was gay and black. Provost's commander at Camp Pendleton, Capt. Ed Harrington, attended the service and said "he was unaware of any such complaints" being made. Harrington tells KHOU-TV (video): "I don't think it was [a hate crime] but no one is ruling that out yet .... because the invesgtigators want to be absolutely thorough. But the evidence does not point to that."

Under the military's failed "Don't Ask, Don't Tell" policy, if  August Provost reported the harassment, that would have been considered "telling" and lead to immediate discharge, notes San Diego City Commissioner Stampp Corbin, who also is black and gay. "August Provost, and others like him, are often harassed because of the perception they are gay or lesbian ... That is the quandary gay and lesbian military personnel face in these situations."

Perhaps not-so-ironically, as the Houston Chronicle reports on the funeral services for this distinguished seaman who quite likely was killed because he was black and gay, many of the readers' comments are homophobic and at least one is racist. Several readers quite Biblical passages against homosexuality. Reader Argon96 writes: "The mi8llitary is full of weirdos today,straight and gay...I doubt he was targeted for being gay,but who knows." Another comment by ULoveHuessein, apparently deleted by the newspaper, said there were "many fags" in the Marines and a reference to "jungle fruit." Provost was a U.S. Navy Seaman serving at a Marine Corps base, which is standard procedure.

Congresswoman Sheila Jackson-Lee, who represents Houston, says she will demand a congressional inquiry into the death of Navy Seaman August Provost III. The Secretary of the Navy has also dispatched 20 investigators to Camp Pendleton.

Burris Will Not Seek New Term

Roland Burris (D-IL), the only black member of the Senate and the embattled and controversial replacement of President Barack Obama, says he will not seek a new term in 2010. It's all about the Benjamins.

Burris' fundraising has been lackluster; he raised only $845 during the first three months of 2009. Polls have shown he has little voter support and he doesn't have the backing of top Illinois politicians, including fellow Democratic Sen. Dick Durbin, who has said repeatedly he would not support Burris for a full term. [...]

Equality Illinois political director Rick Garcia said he thinks Burris made the right decision, but he attended Friday's event to show his support because the Chicago Democrat has been a backer of the gay community. "One thing about good politics is you're not only with people who are on their way up, you've got to be with them on their way out," Garcia said.

Interesting the AP quoted prominent Rick Garcia, the prominent Chicago gay activist mentioned earlier. Burris, first black elected to statewide office in Illinois, was one of the first state officeholders to hire prominent openly gay staff when he was the state attorney general. Two weeks ago during Gay Pride, Burris "proudly" came out against the military's failed "Don't Ask, Don't Tell" policy and promised to vote for a repeal when a bill is introduced.

Burris will not face perjury charges for statements made before the Illinois House impeachment committee.