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More than one way to throw someone off a building

During his speech accepting his party’s nomination, Trump pledged,

“I will do everything in my power to protect our LGBT citizens from the violence and oppression of a hateful foreign ideology.”

But now, besides having deftly avoiding a pledge to protect the GLBT Community from harmful domestic ideologies, Trump is taking an action that will expose GLBT people in foreign lands to the “violence and oppression of a hateful foreign ideology.”

Only 12% of UN member states allow same-sex marriage, and of those that don’t,, such marriages can face severe and often inhumane punishment.

In supposedly pro-Gay comments, Trump referenced countries where the punishment for being Gay was being thrown off building while criticizing the Clinton foundation for taking money from Saudi Arabia.

He said then,

 “They want to kill — they throw them off buildings. They actually throw gays off buildings. I’m much better for women than she is. I’m much better for the gays.”

But now that he is president, having duped some members of the GLBT Community into believing him and voting for him because of his vacuous promise, he now claims when speaking of that country

“The relationship now is probably as good as it’s really ever been and I think will probably only get better.”

And as far as any country that may throw Gay people off buildings, he stepped back saying,

 “We are not here to tell other people how to live, what to do, who to be, or how to worship,”

While he was in that very country he condemned Clinton for having taken money from.

Further, his ignoring his own pledge has taken the form of his administration starting to deny visas to the same sex partners of Gay diplomats.

His administration began denying the visas to same-sex domestic partners of foreign diplomats and United Nations employees on Monday, October 1, the first day of Gay History Month, and included the requirement that those already in the United States have to get married by the end of the year or leave the country.

This is not only contrary to what his supporters claim is true marriage, one based on love and commitment as opposed to political expediency, but sends the partner back to a country to be thrown off a building to be followed by the same for the returning diplomat or UN employee who could avoid such a fate by abandoning the person he loves to his singular fate.

The policy will apply even if same-sex marriages are illegal in the diplomat’s home country.
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According to the US Mission to the UN,

 “Same-sex spouses of U.S. diplomats now enjoy the same rights and benefits as opposite-sex spouses. Consistent with [State] Department policy, partners accompanying members of permanent missions or seeking to join the same must generally be married in order to be eligible for a visa.”

Even if they are married by January 1 one or both  could be arrested and prosecuted when they return home if being Gay is illegal there.

There are at least ten United Nations employees who would need to get married to have their partner’s visas extended.

The U.S. Mission to the U.N. says the decision brings its international visa practices into line with current U.S. policy, but considering that Same-ex marriage only became legal nation-wide in 2015 with the landmark Supreme Court decision, those affected by the new rule have been in the United State since when the option to marry did not exist here and definitely not in the home country.

And for those who want to believe we should not extend special treatment to those not married, some countries have what people here said was just as good as marriage, the separate but equal  domestic partnership, and as “equal” to marriage as this may be, it is not marriage, so the partner must go.

Acknowledging the legitimacy of domestic partnerships in 2009, Secretary of State Hillary Clinton began granting visas to domestic partners of  U.S. and foreign diplomats. Because marriage was not an option for Gay people while both  domestic partnerships and marriage was for Straight people, that policy did not allow a heterosexual domestic partner of a U.S. or foreign diplomat to enter the country on a diplomatic visa.

Also under the new Trump policy, domestic partners of diplomats and U.N. officials based abroad will need to show they are married in order to enter the country on a diplomatic visa.

The claim is that the latest policy was aimed at ensuring all couples were treated equally.

“The Department of State will not issue a G-4 visa for same-sex domestic partners. As of 1 October 2018, same-sex domestic partners … seeking to join newly arrived U.N. officials must provide proof of marriage to eligible for a G-4 visa or to seek a change in such status.”

Even if those couples from countries that only have domestic partnerships, but not marriage go to city hall and get married, they could be exposed to prosecution if they return to a country that criminalizes homosexuality or same-sex marriages.

While the United States informed foreign governments that we would allow “limited exceptions” in cases involving diplomats from countries where same-sex marriage is illegal, so long as the government of that country provides documentation proving that same-sex marriage is illegal there and they committed to accepting same-sex partners of  U.S. diplomats, the  exception was not offered to U.N. officials.

U.N.GLOBE, which advocates for the equality and non-discrimination of GLBT staff in the UN system and its peacekeeping operations, released a statement saying,

 “With this change, the State Department is enforcing parity in the way they recognize opposite-sex partnerships and same-sex partnerships. It is an unfortunate change in rules, since same-sex couples, unlike opposite-sex couples, have limited choices when it comes to marriage.”

Obviously if all countries allowed same-sex marriage and none had the death penalty for being Gay, this new rule would be equitable in its requirement, but they don’t, so the new policy favors Straight people over Gay people.

Perhaps Trump, can prove his support of the GLBT Community by advocating for equality, civil rights, and marriage in all United Nations membership countries.

Which history will you remember?

If you are a member of the GLBT Community and you either chose not to vote in 2016 for whatever reason you claim was legitimate; you voted for Trump merely on his word that he was a better friend to the GLBT Community than Hillary, although not presenting any evidence to back that claim; or you were upset your candidate did not get the nomination, you are now on the cusp of a new era in GLBT history.

The history we celebrate in October, GLBT History Month, covers the people who fought for change and the moments in the past when we gained our civil rights piece-meal in spite of the words in the Declaration of Independence which claimed we were all equal and using that as the justifications to break from the Mother Country, and the Preamble of the Constitution which begins with “We the People of the United States” and includes “secure the Blessings of Liberty to ourselves and our Posterity”.

But the possibility looms that soon we will be remembering the people and the struggle, the short time we experienced equality, and that moment it was all taken away bringing us back to the conditions we presently see as ancient history.

If Brett Kavanaugh is seated on the Supreme Court, there will be a majority of conservative, religiously based justices in the court with a history of opposition to GLBT equality.

The Supremes began their season as it always does on October 1.

It will be hearing at least three cases this session already appealed to the Supreme Court that ask whether existing federal law protects GLBT people from employment discrimination with a fourth one on the way.

The gist of these cases is whether a business person can cite their religious beliefs in order to violate state laws prohibiting discrimination against GLBT people.

While the conservative and the religious right claim that acknowledging the equal rights of GLBT people is giving them “special rights”, these same people want the right, unlike anyone else in the country, to choose which laws they are held to obey based on their choice of religious belief. While claiming that Gay people have no rights by clinging to the claim that a person’s sexual orientation is a choice, in spite of studies, they want to be able to ignore laws that the rest of us have to follow because they have chosen Jesus Christ as their lord and savior.

The Supreme Court has three GLBT-related employment cases on its docket.

The Altitude Express v. Zarda case deals with Title VII of the federal Civil Rights law that prohibits employment discrimination “because of…sex” with the religious crowd claiming “sex” does not include sexual orientation. The Second Circuit ruled that Title VII does cover discrimination because of sexual orientation, so the employer has appealed to the Supreme Court. Altitude Express, a recreational parachuting company, fired David Zarda after learning he was gay.

Harris Funeral v. EEOC also deals with Title VII’s “because …of sex” wording and claims that the Religious Freedom Restoration Act (RFRA) provides an exemption from Title VII if the employer claims the discrimination is based on religious beliefs. The Sixth Circuit ruled that Title VII does protect transgender employees when it comes to the religious beliefs of the employer, but Harris Funeral claims that not being able to discriminate results in their being “substantially burdened” by complying with Title VII. Aimee Stephens, a long time employee, was fired when she began transitioning. The employee first took her complaint to the Equal Employment Opportunity Commission, which ruled in her favor.

And just as with the previous two cases, Bostock v Clayton County asks whether Title VII can prohibit discrimination based on sexual orientation. A person who was a child services coordinator for 10 years in Clayton County, Georgia, was fired for alleged mismanagement after it was learned that he played in a gay softball league. The finding in a lower court ended up establishing that GLBT people in New York, Connecticut, and Vermont can seek protection under Title VII, while GLBT people in Georgia, Florida, and Alabama cannot.

At least one more Title VII sexual orientation case is pending in lower courts: In the Eighth Circuit, Lambda Legal has Horton v. Midwest Geriatric.

In other cases on other matters:

When it comes to education, a former student at the University of North Carolina claims the school may have violated Title IX of the Educational Amendments Act that prohibits discrimination based on gender. Kenda Kirby claims her former school took adverse action against her after she attended a “gay rights rally” and supported Democrat Hillary Clinton for president.
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In Aloha Bed & Breakfast v. Cervelli the question is whether or not the operator of a bed and breakfast can refuse to rent rooms to guests based on their sexual orientation. A lesbian couple sought to rent a room because they were visiting friends nearby in Oahu. When Diane Cervelli called to make a reservation the operator of the B&B asked whether the two women were lesbians when she mentioned her partner’s name. The reservation was denied as the owner explained, “We’re strong Christians. I’m very uncomfortable in accepting the reservation from you.”  State courts found the operator violated the state law prohibiting discrimination based on sexual orientation in public accommodations, but the B&B claimed that, because it operates out of the owner’s personal residence, the public accommodations law does not apply and the non-discrimination law violated the owner’s right to free exercise of religion. However, that court ruled that if the B&B is open to the public, it must abide by the state law governing public accommodations.

In Washington State, Oregon, and Colorado there are cases dealing with bakeries refusing to sell a cake to a person because of the person’s sexual orientation or gender identity getting closer to a Supreme Court hearing.

The Masterpiece Cake Shop won a temporary reprieve from the Supreme Court based on a procedural violation by the state’s human rights commission in which it was decided it had demonstrated hostility toward the claim that religious beliefs were the basis of the refusal to sell a cake for a same-sex couple’s wedding reception, but not on the issue of discrimination itself when the baker had refused to make a cake with a message that he thought implied his support of same-sex marriage.

But in a second case, the same baker refused to sell a cake celebrating a birthday and the anniversary of the customer’s coming out as transgender even though that cake was not going to have any message on it but was merely a pink cake with blue frosting. In this case the Colorado Civil Rights Commission has ruled the baker to be in violation of state discrimination laws, and as to be predicted the anti-GLBT group, the Alliance Defending Freedom, filed a federal lawsuit claiming the Commission exhibited hostility to his religious beliefs hoping to win the case for the same reason the first case was dismissed.

But the only alleged violation was the claim that having to follow state law should have been over ridden by religion.

Transgender people are the conservative and religious right’s latest target having, apparently, found that Gay people are becoming more acceptable to the greater community and are no longer scary enough to use as boogy-men.

There are three lawsuits challenging Trump’s 2017 directive against allowing transgender people to serve in the military. The ban has been blocked by three federal district courts which resulted in the Trump administration re-wording it to make it more palatable to the courts. But a ban on transgender people serving in the military, no matter how worded, is still a ban on transgender people serving in the military.

While the three cases are moving through the system that ends at the Supreme Court this session, the Trump administration made an appeal to the Supreme Court in the case of Karnowski v. Trump which was withdrawn when the Ninth Circuit granted a stay, but a challenge brought by the National Center for Lesbian Rights and Gay & Lesbian Advocates & Defenders to the U.S. District Court for the District of Columbia resulted in the ruling that it may go forward

Stone v. Trump, which argues that the proposed ban would violate the rights to equal protection and due process for existing and prospective transgender members of the military, is a challenge to the ban brought by the ACLU in U.S. District Court for Maryland.

Getting Brett Kavanaugh onto the Supreme Court is essential to having the cases already before the Supreme Court and those on their way to it decided in favor of discrimination that would restrict the rights of GLBT citizens based on political and religious special rights.

If you have realized you were one of those people who did not use good judgment in 2016, your chance to make amends comes up in a month when you vote in the midterms.

If you are young, remember, people my age lived our youth without equal rights, spent our adult lives fighting to get them, and were rewarded with finally being able to enjoy them in our senior years. We know we can survive if our rights are taken away because we have already lived without them and won’t be around much longer to miss them. We may not like it, but we know we can survive it.

If you are young enough to have inherited the progress without having had to work for it, you have no idea what you are going to face or whether you can handle it. Both will be totally new to you.

My life is by and large behind me. Yours is yet to come. What your future will be like is up to you.

What you remember during future GLBT History Months will either be the struggles of the past and those who fought and won the battles, or how it used to be for you.

New approach needed

Rather than wait and see if what Dr. Ford said about Brett Kavanaugh, and rather than accept that there is a far greater number of women, and men, who have been sexually assaulted than the number who report it, the patriarchal response to charges is to bring up the poor boys whose lives will be ruined by the charge. Pointing out that the female who has been assaulted is someone’s mother, sister, or daughter is countered by pointing out the boy is someone’s father, son, or brother.

But one has to ask if you would rather have your son be falsely accused, but after investigation proven to be innocent, or your daughter sexually assaulted and never believed.

While we are told to have sympathy for the teenage boy who makes a “boys will be boys” mistake and moves on, and not to hold them to what they did so that years later it could ruin their lives, those presently telling us that we must do that for Kavanaugh are the ones who insist that in the event pregnancy results the victim must bring the child to term and raise the child while she is labeled a slut, spoken derogatorily of as a single mother, and, if she ends up relying on welfare or some form of public assistance, she is called a taker.

The mother may be rejected by her family and church knowing that as “damaged goods” she may have a hard time finding a husband, and ha to inform her child at sometime how he or she came to be.
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Rather than teach boys to respect women’s bodies and honor boundaries, we tell girls how best to prevent rape or fend off a rapist. We accept rape as just a natural thing, often brought on by a woman even if the woman is just at a particular place as others are who are left alone. The girl is responsible for sexual assaults at a party because she drank like the boys, but the boys are not held responsible for the actions that resulted from their drinking.

The captain of the football team is a stud whose actions receive tacit and, sometimes, actual loud and muted praise from the system, but the head cheerleader is a slut.

The girl is a drunken slut who paid for her drinking, while the boy is a “Bro”.

Rather than only teach girls how to avoid sexual assault, it is time to also teach the boys not to assault.