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EBONY: "Supreme Court to Take on Same Sex Marriage"

Our latest news analysis for EBONY is on the front page: "Supreme Court to Take on Same Sex Marriage." University of California - Los Angeles Professor Mignon Moore (left) and her wife Elaine Harley were married in New York last March. They want their marriage to be recognized in California and nationwide. What will the court decide?

"[I'm] concerned given the conservative nature of the court," says University of California – Los Angeles Associate Professor of Sociology Mignon Moore. “But now we have nine states that mandate same-sex marriage and hopefully the court will want to be on the right side of history.”

Moore and her wife Elaine Harley have been together almost 11 years and were married last March in New York. “We want our marriage to be recognized like any other marriage,” says Harley. “Voters should not have that power over someone else’s civil rights.”

Dr. Moore has extensively researched Black same-sex couples and is the author of Invisible Families: Gay Identities, Relationships and Motherhood among Black Women. “We are in our communities and have always been in our communities. That’s also what these court cases are about—the visibility of families,” she says.

Also interviewed are Congresswoman Barbara Lee and Darryl Moore, a member of the Berkeley City Council and chairman of the National Black Justice Coalition.

Read the report HERE.

VIDEO: Youth HIV/AIDS Activist Venton Jones at the White House

This is brilliant. The White House hosted a discussion on Thursday entitled "Moving Toward an AIDS-free Generation." Representing Black gay leadership on the panel was R20 friend Venton Jones, the 28-year-old communications and education manager of the National Black Gay Men's Advocacy Coalition.

Watch the discussion AFTER THE JUMP ...

Venton spoke eloquently on the need to inspire a new generation of HIV/AIDS awareness and activism. "It's important to remember the activism of thirty years ago when," said Jones, who has master's degree in health care administration from the University of Texas and will soon begin doctoral studies.

"I wasn't even born then. But the disease at that time was a death sentence and [became] a call to action. There were so many people who were dying at that time—the brothers, lovers, mothers, friends. As we progress with treatment options, it's important that we address the stigma and homophobia that exists around the LGBT community. And we need more opportunities to allow people to share their stories."

The discussion included Senior Advisor to the President Valerie Jarrett, AIDS Foundation of Chicago's David Munar, Office of National AIDS POlicy Director Dr. Grant Colfax, University of Alabama at Birmingham's Dr. Michael Sagg, Secretary of Health and Human Services Kathleen Sebelius and Rep. Barbara Lee (CA). The panel was hosted by Emmy- and Academy Award-nominated actress Rosie Perez, who is a member of the President's Advisory Commissionm on HIV/AIDS.

Watch the discussion AFTER THE JUMP ...

EBONY: Rep. Barbara Lee Explains HIV Criminalization and Why You Should Be Concerned

Our latest at EBONY: "Rep. Barbara Lee Explains the Criminalization of HIV and Why You Should Be Concerned."

In more than 60 nations it is a crime to expose another person to or transmit HIV. The United States has reportedly led the world with “thousands of prosecutions”, according to United Nations-backed Global Commission on HIV and the Law. Thirty-four states and two territories criminalize exposure and/or transmission of HIV.  Some laws penalize having sex without revealing serostatus to partner—regardless if a condom were used or the virus was transmitted. Other laws criminalize spitting or biting—which pose little threat of HIV transmission.

And new research shows that Black men have been disproportionately singled out for prosecution.

Rep. Barbara Lee (D-CA) has introduced the landmark "REPEAL HIV Discrimination Act" which calls for the review of all federal and state laws and regulations regarding "the criminal prosecution of individuals for HIV-related offenses."

"Many of these laws were enacted before people understood how HIV was transmitted," Rep. Lee told EBONY in an exclusive interview. Lee is the co-chair of the newly formed Congressional HIV/AIDS Caucus. "They are archaic and they don’t reflect current scientific research."

Lee introduced the landmark legislation last fall. Read our interview and report at EBONY.

Interviewing Rep. Barbara Lee

Running behind in posting. I'm about to interview Rep. Barbara Lee. We'll discuss HIV/AIDS policy, her proposed anti-HIV criminalization bill, LGBT rights issues and politics.

133 House Democrats File Amicus Brief Challenging DOMA

One-hundred and thirty-three members of the 192-strong House Democratic caucus have filed an amicus brief siding with groups challenging the Defense of Marriage Act, saying that the provision denying same-sex married couples federal rights is unconstitutional.

The brief challenges DOMA Section Three, which prohibts federal recognition of same-sex couples and denies all federal benefits such as Social Security and health care.

House Minority Leader Nancy Pelosi announced the filing yesterday on Twitter. Pelosi and other members who signed the brief argue "that the key section of the law is unconstitutional because it was passed quickly, driven by biases and lacks 'a rational relationship to any legitimate federal purpose,'" reports Politico.

In the brief, the members—including House Minority Leader Nancy Pelosi, Democratic Whip Steny Hoyer and Reps. Jerry Nadler, John Conyers, Barney Frank, Tammy Baldwin and Jared Polis, among others — state that Congress "acted hastily" when DOMA was enacted.

Among those Democrats signing onto the amicus curiae, 14 members—including Hoye—voted for the bill’s passage in 1996. Reps. Jim Clyburn, Robert Andrews, Earl Blumenauer, Rosa DeLauro, Loyld Doggett, Michael Doyle, Bob Filner, Eddie Bernice Johnson, Sander Levin, Nita Lowey, Richard Neal, Ed Pastor and Bobby Rush also supported DOMA in 1996. Rep. Shelia Jackson Lee voted present.

The Obama Administration announced in February that it will NOT defend recent lawsuits challenging DOMA. House Speaker John Boehner (R-OH) has hired counsel through the Bipartisan Legal Advisory Group to defend DOMA's constitutionality.

The brief was co-signed by the entire House Democratic leadership, most of the Progressive Caucus and most of the Congressional Black Caucus, including John Conyers, Maxine Waters, Eleanor Holmes Norton, Barbara Lee, Jesse Jackson Jr., Chaka Fatah, Emanuel Cleaver and many others.

The brief was filed in the consolidated cases of Massachusetts vs. Department of Health and Human Services and Gill vs. Office of Personnel Management. These were the landmark federal rulings in July 2010 that found DOMA Sec 3 is unconstitutional. The suits were filed by Boston-based Gay & Lesbian Advocates & Defenders, which also won the Goodridge case that mandated marriage equality in Massachusetts.

Some Background:
Amended Judgment, Stay Entered in Mass. DOMA Ruling
Obama Admin "Reviewing" Decision; GLAD Expects Appeal
Federal Judge: Section 3 DOMA Unconstitutional

Rep. Barbara Lee Introduces Anti-HIV Criminalization Bill

Excellent news. Rep. Barbara Lee (D-CA) has introduced landmark legislation to call attention to the nation's patchwork of laws that criminalize the exposure and transmission of HIV.

The REPEAL HIV Discrimination Act calls for the explicit review of all federal and state laws and regulations regarding "the criminal prosecution of individuals for HIV-related offenses. It then creates incentives for governments to reform existing policies that use the law to target HIV-positive people," notes Housing Works.

From the ACLU:

There are presently 34 states that have criminal laws that punish people for exposing another person to HIV, even in the absence of actual HIV transmission or a meaningful risk that transmission could occur. Many of these laws were enacted early in the epidemic, before people understood how HIV was and was not transmitted, but the laws have not been changed. And many people are serving long sentences for conduct that poses no meaningful risk of transmission of HIV, such as spitting or biting.

In March 2010, the ACLU of Michigan filed an amicus brief in the jaw-dropping case of a man living with HIV who faced bio-terrorism charges after he allegedly bit another man during an altercation (despite the fact that HIV is not spread through saliva). Fortunately, a judge eventually threw out the bio-terrorism charges against the man. Additional cases include that of a Texas man living with HIV who received a 35-year sentence for spitting at a police officer because under Texas law his saliva was considered a "deadly weapon."

The Michigan bio-terrorism case was prosecuted against a Black gay man. Blacks and gays of color are disproportionately singled out for prosecution, according to many experts.

A fact sheet created by the Center for HIV Law and Policy, AIDS United, Lambda Legal and the ACLU AIDS Project summarizes the issues with HIV criminalization and the measures the new bill takes to address them. The co-sponsors include Donna Christensen (D-VI), Steve Cohen (D-TN); Raul Grijalva (D-AZ), Jesse Jackson Jr. D-IL); Eleanor Holmes Norton (D-DC); Mike Quigley (D-IL); Charles Rangel (D-NY) and Lynn Woolsey (D-CA).

The Obama Administration released the nation's first National HIV/AIDS Strategy in July 2010. The NHAS emphasized that HIV-related stigma "remains extremely high" and called for a review of all criminalization. Last fall the Black AIDS Institute analyzed NHAS' potential impact on Black America. Read parts 1, 2, 3 and 4 of our report.

House Members Launch First Bipartisan HIV/AIDS Caucus

Democratic and Republican House members formally introduced the first-ever bipartisan Congressional HIV/AIDS Caucus. Fifty-nine Democrats and Republicans have united in pledging to spend more money for research and prevention efforts to fight the epidemic, reports the Huffington Post.

Led by House members Jim McDermott (D-WA), Barbara Lee (D-CA) and Trent Franks (R-AZ), the group marks the first time Republicans have joined with Democrats to create a group aimed at eradicating AIDS, which has claimed 25 million lives around the globe since 1981. Prior to Thursday, similar groups in Congress contained only Democrats. As of Thursday, three other Republicans have joined the caucus: House Foreign Affairs Committee Chair Rep. Ileana Ros-Lehitnen (FL), Rep. John Carter (TX) and freshman Rep. David McKinley (WV).

The caucus will focus funding and resources on those most impacted by the epidemic, many of which are communities of color, reports the Washington Independent. But:

No mention was made of federal legislation Lee is currently working on to repeal state laws that criminalize individuals with HIV. The Michigan Messenger has extensively reported on cases where HIV-positive individuals have been charged with felonies, such as the case of Daniel Allen from Clinton Township, Mich., who in 2009 was charged with bio-terrorism for biting his neighbor. ... One of Lee’s staffers told TAI that the representative’s legislation, currently known as the “Repeal HIV Discrimination Act,” is still in the drafting stage. Currently, 34 states have criminal statutes based on exposure to HIV.

Housing Works has criticized the new caucus for having "no specific legislative objectives" and for neglecting to mention the crisis over funding life-saving HIV/AIDS medications.

No caucus members mentioned the country’s most pressing HIV/AIDS issue—the growing number of people who cannot access HIV-related medication through the country’s AIDS Drug Assistance Programs. "Just forming isn’t enough," said Larry Bryant, Housing Works’ director for national organizing. "We’ve seen many press conferences where the words don’t travel beyond the beltway. It’s not going to matter what was said today if we don’t see real changes put in place."

The recession has forced a number of states to slash funding to the ADAP, the federal/state program that helps low-income, people living with HIV/AIDS pay for their expensive, life-saving medications. Those in the program are disproportionately black, many of the men are gay or bisexual. In 2010, at least a dozen states closed enrollment in ADAP. Virginia recently closed enrollment in its ADAP program.

WATCH: HHS Hearing on FDA Gay Blood Donor Ban Happening Now

The Department of Health and Human Services' Advisory Committee on Blood Safety and Availability will meet today and Friday in Rockville, Maryland to reconsider the Food and Drug Administration's long-standing ban on blood donations from men who have had sex with men.

"The prohibition, which has been in place since the mid-'80s, was intended to protect the blood supply from being tainted with the virus that causes AIDS. But proponents of changing the rules say improved testing methods make the current standards seem outdated. In addition, they say that screening techniques may not rule out other potentially risky donors, making the ban singling out gay and bisexual men unfair.  The FDA reviewed the issue in 2000 and 2006, and decided to maintain the status quo. But political pressure has been mounting to revise the policy. On Wednesday, 34 members of the U.S. House of Representative and nine U.S. senators called on the federal government to revise what they described as the FDA's discriminatory policy."

The lawmakers include Sen. John Kerry (MA) and Reps. Barbara Lee (CA), Jerrold Nadler (NY), Anthony Weiner (NY) and Lynn Woolsey (CA).

The current policy bans any man who has had sex with a man since 1977 from donating blood. A recent study from the Williams Institute concluded that lifting the ban would increase the nation's blood supply by 219,000 pints.

The hearing is happening now. Watch it live HERE ...

WATCH: John Lewis, Barbara Lee, Pat Murphy, Steny Hoyer on DADT

Civil rights veteran and Georgia Democratic Congressmen John Lewis delivered a powerful speech comparing "Don't Ask, Don't Tell" to the racial segregation that he fought as a Freedom Rider. Said the congressman: "It was wrong then and it was wrong now!"

Majority Leader Steny Hoyer was also on fire, rebuking right-wing anti-gay rhetoric. Watch these fabulous two speeches, as well as Barbara Lee and "Don't Ask, Don't Tell" repeal sponsor Patrick Murphy WHEN YOU JUMP ...

"Respect for Marriage Act": 91 Co-Sponsors to Repeal DOMA

Rep. Jerry Nadler (D-NY) introduces the Respect for Marriage Act (RMA), which would overturn the Defense of Marriage Act (DOMA), the 1996 law that prevents the federal government from recognizing same-sex marriages. Nadler was flanked by openly gay Representatives Tammy Baldwin of Wisconsin and Jared Polis of Colorado, and representatives of national and state LGBT advocacy.

In addition to Nadler, Baldwin and Polis, the leading  co-sponsors are John Conyers of Michigan, John Lewis of Georgia, Nydia Velazquez of New York and Barbara Lee of California (seen to the right of Nadler). There are 91 co-sponsors in total. Complete list here.

Nadler calls the RMA  "the first step to overturning the Defense of Marriage Act and sending that ugly law into the history books where it belongs."

The Advocate's Kerry Eleveld covered the Capitol Hill news conference: "Nadler later read a statement from former President Bill Clinton thanking [the sponsors] for introducing the legislation. Clinton signed DOMA into law in 1996. 'Throughout my life I have opposed discrimination of any kind,' Clinton said in the statement. 'When the Defense of Marriage Act was passed, gay couples could not marry anywhere in the United States or the world for that matter. Thirteen years later, the fabric of our country has changed, and so should this policy.'"

In addition to Lee and Conyers, sponsoring members of the Congressional Black Caucus include Alcee Hastings (FL), Yvette Clarke (NY), Donna Edwards (MD), Chaka Fatah (PA) and Jesse Jackson Jr. (IL). The National Black Justice Coalition calls on the entire CBC to support the legislation. Says Deputy Director Jason Bartlett: "As African Americans, we know all too well the injustices that laws such as this impose on our communities and our families. As African Americans, we are sensitive to the federal government trying to define our families. Let us consign the mistakes of the past to history and move forward together. We call on Congress to pass the Respect to Marriage Act as we continue to fight for our civil rights."

The Human Rights Campaign reports the Respect for Marriage Act "would restore the rights of all lawfully married couples—including same-sex couples—to receive the benefits of marriage under federal law. The bill also provides same-sex couples with certainty that federal benefits and protections would flow from a valid marriage celebrated in a state where such marriages are legal, even if a couple moves or travels to another state...rights like Social Security survivors’ benefits, medical leave to care for an ailing spouse and equal treatment under U.S. immigration laws along."

Not present at the news conference was openly Rep. Barney Frank, who says the bill has "zero" chance passage in the near term and believes several federal lawsuits challenging DOMA will be more successful. Nadler disagrees: "Mr. Frank knows better than anyone that our opponents will falsely claim that any DOMA repeal bill 'exports marriage' in an effort to generate fear and misunderstanding. But the dishonest tactics of our opponents should not stop us from aggressively pushing to end this horrific discrimination now. Our bill does not tell any state who it must marry or what marriage it must recognize under state law."

[images via HRC]