Rep. Barbara Lee Reintroduces Bill To Repeal HIV Criminalization Laws

Yesterday Rep. Barbara Lee reintroduced a bill that could eventually force the repeal of laws that criminalize exposing others to HIV.  Lee first introduced the bill in 2011.  Lambda Legal has issued a press release in support of the bill.

The REPEAL ("Repeal Existing Policies that Encourage and Allow Legal") HIV Discrimination Act calls for review of all federal and state laws, policies, and regulations regarding the criminal prosecution of individuals for HIV-related offenses. If enacted, it would be the first piece of federal legislation to take on the issue of HIV criminalization, encouraging states to reconsider laws and practices that unfairly target people with HIV for consensual sex and conduct that poses no real risk of HIV transmission. The proposed bill is being met with widespread support, including endorsements from the National Alliance of State and Territorial AIDS Directors (NASTAD), the HIV Medicine Association (HIVMA), the Positive Justice Project, and AIDS United.

Thirty-four states and two U.S. territories now have laws that make "exposure" to or nondisclosure of HIV a crime. Though condom use significantly reduces the risk of HIV transmission, most HIV-specific laws do not consider condom use a mitigating factor or as evidence that the person did not intend to transmit HIV. Sentences imposed on people convicted of HIV-specific offenses can range from 10-30 years, even in the absence of intent to transmit HIV, actual transmission, or even the potential for transmission. Though most convictions are based on consensual sexual activity between adults, those convicted are often required to register as "sex offenders."

Lambda Legal has a case pending before the Iowa Supreme Court in which they are seeking to overturn the 25-year sentence of an HIV+ man who used a condom during a single sexual encounter in which there was no HIV transmission.

VIRGINIA: Tracy Thorne-Begland Sworn In As State's First Openly Gay Judge

After a lengthy battle against local and national hate groups, yesterday former prosecutor and Navy jet pilot Tracy Thorne-Begland (above right) kissed his husband after being sworn in as Virginia's first openly gay judge.

That process took its toll on Thorne-Begland. In fact, he said the long nomination process left him physically and mentally exhausted. Thorne-Begland said the history-making moment would not be possible without the help of his sponsor in the House of Delegates, Manoli Loupassi R-Richmond. “So the fact that his sexual orientation has nothing to do with it,” Loupassi said. “If you’re black or Latino or whatever. It doesn’t matter. Can you do the job? Are you qualified for the job? If you’re qualified and you can do the job then you’ll you should be able to get the job, too.” Richmond’s newest judge thanked his partner of 20 years and two children for their support amid applause.

There's a great video clip at the link. (Tipped by JMG reader Roland)

RELATED: In 1992 Thorne-Begland came out on national television in support of Bill Clinton's campaign pledge to end the military's exclusion of openly gay service members. He was then honorably discharged. DADT went into effect the following year. 

VA House Elects Openly Gay Judge

After more than a year of GOP obstruction, today the Virginia House elected openly gay Judge Tracy Thorne-Begland, a formal naval aviator dismissed under DADT, to a six-year term on the Richmond District state bench.

The interim Manchester General District Court judge -- a respected former Richmond prosecutor and decorated Naval aviator who in 1992 challenged the military's now defunct "Don't Ask, Don't Tell" policy prohibiting gays from serving in the armed forces -- was approved in the GOP-dominated chamber by a vote of 66-28, with one abstention. The roll call vote was taken without floor speeches or debate, and clears the way for Thorne-Begland's election to a full six-year term. On Monday leadership in the Virginia Senate all but guaranteed Thorne-Begland would be approved by the 40-member chamber. A majority of members in each chamber of the General Assembly must agree to elect a judge to the bench in Virginia.

Upon his expected confirmation, Thorne-Begland will become Virginia's first openly gay judge. Last year his candidacy was thwarted by local GOP loon Delegate Bob Marshall, who claimed that Thorne-Begland's "lifestyle" was contrary to the Virginia state constitution, whatever that means.

RELATED: This morning Virgina hate group leader Eugene Delgaudio issued an "emergency alert" to state legislators, demanding that they vote against Thorne-Begland's appointment. A snippet:

My friend, this is simply an outrage. Judges are called upon to be impartial upholders of the law. How can Mr. Thorne-Begland be trusted to safeguard the law, when he claims to have a “husband” in violation of Virginia’s Marriage Law? Thorne-Begland will use the first case he can to start creating pro-homosexual precedence and changes to the law. Joe, I need your help right now to stop him. Republicans in the Virginia House seem to think that family values no longer matter in Virginia. And so they are doing what they can to quietly appease the Homosexual Lobby. It’s up to you and me to show them the pro-Family Movement is not dead.

UPDATE: Equality Virginia reacts.

This is a big step forward after last year’s actions made embarrassing national headlines. Equality Virginia is pleased that the House of Delegates could see that Thorne-Begland is a qualified candidate with integrity and a long history of public service. Thorne-Begland has served his country and his city with honor and unquestioned competence first as a Navy pilot and then as a prosecutor. We’re glad the House of Delegates took a second look at his candidacy and this time the decision was based on his qualifications and not on who he is or who he loves. While Thorne-Begland has been given another opportunity, without employment protections, most Virginians do not get a second chance at their jobs after being fired or not hired because of their sexual orientation.

Obama Nominates Out Latina Lesbian Nitza Quiñones To Federal Bench

People For The American Way cheers the latest round of federal judgeship nominations issued by the White House:

People For the American Way today commended President Obama for nominating three qualified Pennsylvanians to seats on the U.S. District Court for the Eastern District of Pennsylvania. The three nominees, Nitza I. Quiñones Alejandro, Luis Felipe Restrepo, and Jeffrey L. Schmehl, continue the gender and ethnic diversity that President Obama has brought to the federal courts. Two of the three are of Hispanic heritage, and one, Quiñones, would become the first openly gay Hispanic federal judge. Notably, the professional diversity of these nominees is also significant. Quiñones’s and Schmehl’s professional careers include time as public defenders and Restrepo’s background includes work with a community legal services program.

PFAW notes that obstruction by Senate Republicans have kept numerous bench positions vacant for many months.

NY Prosecutor Confirms Porn Past

A district attorney in central New York has confirmed that he worked in adult films 40 years ago after a YouTube clip proved his former identity.  Cortland County prosecutor Mark Suben had vigorously denied his porn past until the clip surfaced on Thursday.

"Recently materials have been circulated alleging that I was involved in the adult film industry about 40 years ago in New York. Those allegations are true," he said. "I was an actor in adult films for a short period in the early '70s. I was also an actor in other venues including off-Broadway, soap operas and commercial advertisements." He apologized for his actions and said he used "bad judgment" by acting in porn and by lying about it. He wouldn't take questions, including whether he should resign. On his way out of the news conference, several people said, "You lied to me, Mark." Suben's spokeswoman, Aimee Milks, said Suben will not resign. "This was nearly 40 years ago. It was not illegal. Mark Suben was not yet married. He was not practicing law and he was not a law student," Milks said. "It has nothing to do with his law practice or his current position as the district attorney of Cortland County." "I think the situation is really irrelevant to the campaign," she said. "His record as the DA for the last four years speaks for itself."

Suben just won reelection. His opponent says he is unconcerned with Suben's porn past, but added, "I think the more important part is the lying."  Most of the commenters on the below clip are supportive of Suben.

President Obama Nominates Out Black Judge To Federal Bench

Yesterday President Obama nominated Judge William Thomas to the United States District Court of Southern Florida. If approved, Thomas will become the first openly gay black man to serve on the federal bench. Chris Geidner has more:

Thomas is the first out LGBT black judge to be nominated by Obama, but, if approved by the Senate, he would be the second out LGBT black judge. The first, Judge Deborah Batts, also was the first out LGBT federal judge. She was nominated by President Clinton and sat on the Southern District of New York bench. She took "senior status," a near retirement, earlier this year. It is unlikely, due to the time nominations take to proceed in the current Congress, that Thomas, currently a state-court judge in Florida, would see a vote on his nomination in this Congress.

Geidner adds that the president has now nominated seven openly LGBT judges to "lifetime-tenured positions."

POLL: Two-Thirds Of American Gay Men Support HIV Transmission Laws

According to a poll published today on AIDSmap.com, two-thirds of American gay men support laws that make it illegal for HIV-positive people to have unprotected anal sex without disclosing their status. The pollsters recruited 1725 gay men via social network sites.

“Believing that it should be illegal was associated with HIV-negative or unknown status, less education, having a non-gay sexual orientation, living in a state that was perceived as hostile towards GLBT persons, reporting fewer UAI [unprotected anal intercourse] partners…and feeling greater responsibility”, write the authors. Since 2008, at least 30 individuals in the US have been prosecuted for exposing others to HIV. Penalties vary between states and range from a small fine to a lengthy prison sentence. The impact of such laws on HIV prevention efforts are hotly debated. Moreover, there is uncertainty about the attitudes of the communities most affected by HIV about the criminalisation of HIV exposure. Overall, 65% of men believed that it should be illegal for HIV-positive individuals to have unprotected sex without disclosure, 23% thought it should not be illegal and 12% did not know.

Support for criminalisation was highest (79%) among men aged between 18 and 20, and lowest (56%) among those aged 41 to 70. The investigators note that younger gay men were significantly less likely to have been tested for HIV. Separate research has shown that untested men are more likely to adopt a disclosure-based HIV prevention strategy “that gains credibility by transmission laws.” The overwhelming majority (70%) of HIV-negative and untested men (69%) supported legal sanctions, but only 38% of HIV-positive men endorsed criminalisation. “These differences most likely reflect a shift in orientation toward criminal statues on HIV transmission following seroconversion”, comment the investigators. Men with the lowest educational achievements were most likely to support criminalisation (75%), and those with a degree least likely (58%).

Several notable recent cases have put the issue in the spotlight, including the arrest last month of a Canadian man who is accused of having infected two women after not disclosing his status to them. Also last month, German pop star Nadja Benaissa was convicted of "grievous bodily harm" for having sex without disclosure. Some have been arrested for non-disclosure even though no known infections resulted from their actions.

(Tipped by JMG reader Band)

American Bar Association Announces Support For Marriage Equality

The 410,000 member 132-year old American Bar Association, arguably the most influential legal group in the world, has announced its firm support for same-sex marriage. The Advocate reports:

In a resolution adopted less than one week after a federal judge in San Francisco struck down California's Proposition 8 as unconstitutional, the group acknowledges that same-sex couples "are only seeking to participate in an equal basis in a foundational institution of our civil life," former ABA president Tommy Wells told the organization's house of delegates. "They simply want to share in the legal blessings that we give to married couples. It can only strengthen marriage.”

The ABA's statement: "RESOLVED, That the American Bar Association urges state, territorial, and tribal governments to eliminate all of their legal barriers to civil marriage between two persons of the same sex who are otherwise eligible to marry."

Hands Free

A hilarious take on Bluetooth douchebaggery and California's new law against using cell phones while driving.

Complaint Filed Over Elton John Concert

Judicial Watch, a right-wing government watchdog group, has filed a formal complaint with the Federal Elections Commission, charging that last week's Elton John's fundraiser concert for Hillary Clinton violated the "foreign intervention" clause of American election law.

“Recent news reports suggest that Hillary Clinton and Hillary Clinton for President have accepted an in-kind contribution from a foreign national, Sir Elton John, in contravention of federal electon laws,” Judicial Watch President Tom Fitton stated in an April 14 letter to the Office of the General Counsel for the FEC. “On behalf of Judicial Watch and its supporters, I hereby request that the FEC investigate this matter.”

According to a press release issued by the Clinton campaign, the expressed intent of the concert was to raise funds for Hillary’s campaign for president. In the release, Elton John is quoted as saying, “I'm excited to support Hillary by performing at what will be a truly memorable night.”

Press reports also show that Sir Elton John, on March 17, 2008, through the Clinton campaign, sent out a mass email announcing the concert and soliciting support. The Elton John concert took place on April 9, 2008 and raised more than $2.5 million (from the sale of 5,000 tickets) for Hillary Clinton and Hillary Clinton for President.

However, according to 2 U.S.C. § 441e, “Contributions and donations by foreign nationals,” it is illegal for any foreign national to “make a contribution or donation of money or other thing of value in connection with a Federal, State or local election.” The Washington Times reported March 27, 2008, that a “1981 FEC decision prohibited a foreign national artist from donating his services in connection with fundraising for a U.S. Senate campaign.”

“It looks as if Elton John, a foreign national, gave a valuable, in-kind contribution to Hillary Clinton’s presidential campaign, which is prohibited by law. The FEC and other authorities need to take appropriate action and investigate Hillary Clinton, her campaign, and Elton John,” stated Judicial Watch President Tom Fitton.

I hate to say it, but the law does seem clear.

Mass. Law Exam Flunker Apologizes

Remember the guy who sued the Massachusetts Bar Association after he failed their entrance exam because he refused to answer the question about gay marriage? Stephen Dunne's federal suit prompted a national discussion on First Amendment rights, predictably garnering him support from the religious right. Well, he's now apologized to the gay community in an email to Boston's Bay Windows.

In a follow-up interview with Bay Windows, Stephen Dunne says, "I’m an Irish immigrant to this country. And you know, it’s hard to ignore the fact that all communities into America are first discriminated against and attacked before eventually being accepted. In hindsight I see the parallels in the discrimination that were once felt by the Irish in this country, and to a large degree it’s opening up my mind and my heart to want to stop the discrimination that the gay community is confronted with. Because you know it happens to all of us at one point or another; but we have a tendency to have collective amnesia and we forget about it."

Read the interview, the guy comes across as genuine. Of course, cynics out there have to wonder if Dunne's change of heart isn't spurred by a realization of how unemployable (in Massachusetts, at least) his lawsuit may have made him. Once he does pass the bar, that is.

Fake Wedding Announcement = $1.5M

Two New York men have filed a $1.5M defamation lawsuit against American University after their alumni paper published a fake wedding announcement stating that the two "life partners" had married in Boston. American Magazine published the announcement apparently without fact-checking with the two men, who are not gay. The announcement also noted that one of the men was a founder of the non-existent Gay Rights Brigade. Saying they are not anti-gay and that their lawsuit "has nothing to do with homophobia", the men are nevertheless claiming they have been harmed by the "gross negligence" of the publication.

It will be interesting to see how this suit fares.

Dead Daddy Dollars

Did you hear the one about the dead sperm donor being forced to pay child support? In 1999 and 2000 a Pennsylvania lesbian couple created two turkey baster babies using sperm donated by the then-living father, a friend. The couple civil-unioned in Vermont in 2002, but broke up in 2006, with one of the women winning monthly child support payments from the other, but losing her request for child support from the sperm donor. This spring the donor died of a stroke. Ruling that he was known to the children (who called him "Papa") and because he'd given them presents of toys and clothing, an appeals court has ruled that his estate must now pay child support to the birth mother.

In most states, sperm donors cannot be forced into parental responsibilities. Not so in Pennsylvania. Keep that in mind, fellows.

Welcome To NYC: Please Refrain From Getting Down With Your Bad Self

Hot on the heels of yesterday's news about the demise of NYC's Roxy nightclub, comes word that the NY State Appellate Court has upheld the 80-year old "cabaret law" that bans dancing in bars and restaurants. The court's ruling says, "Recreational dancing is not a form of expression protected by the federal or state constitutions." In the 1960's, NYC had over 1000 establishments with the necessary license that allows dancing. Today there are less than 300. The "nightlife capital of the world" continues its dreary, non-dance step towards complete gentrification. Ooh, look! There's a Barnes & Noble!
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Karma Chameleon

You may recall Rev. Lonnie W. Latham, the Oklahoma Baptist minister who loudly advocated against gay marriage and for gay people to reject our "sinful, destructive lifestyle". That is, right up until his arrest last year for for offering an undercover cop a blowjob. Today, Latham's lawyer asked for the case to be thrown out, citing Lawrence v. Texas, the landmark SCOTUS decision that legalized consensual homosex nationwide.

Oh. The. Irony.

The lawyer, of course, is completely correct. And the ACLU is backing him up. The state of Oklahomo is maintaining that they have a "legitimate governmental interest" in regulating "offers of acts of lewdness." Oh, really? In that case, they better get busy arresting the millions of construction workers out there pumping their hips at female pedestrians. Nobody wants their mother to face those jerks, but that's why the FSM gave Mom a middle finger. Still, ya gotta love the sweet poetic justice of the Ol' Rev invoking the very ruling that gave Americans the right to sweaty gay homosexual mansex. Free Lonnie Latham! Blowjobs for all!
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Supes Won't Hear Of It

KeyWord Ministries lost its last bid to repost its anti-gay billboard in Staten Island yesterday, when the U.S. Supreme Court refused to hear the case. The signs, which went up briefly in 2000, quoted everybody's favorite Leviticus passage in four different ways, and were removed by the sign company after the borough ruled that the sign was "essentially hate speech", and served no purpose. Nigerian-born Pastor Kristopher Okwedy then launched a long-running freedom of speech lawsuit against the city, supported by the American Family Assocation.
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