Connect with us

Commentary

Don’t ignore the icing on the cake

‘This was not the win our opponents were praying for’

Published

on

Many LGBTQ individuals’ immediate reactions on social media to the Supreme Court’s much-anticipated decision in the Masterpiece Cakeshop v. Colorado Civil Rights Commission case expressed alarm and fear. While there are reasons to be concerned about ongoing efforts to pit religious freedom against equal rights, the decision is far better than many people thought it might be and contains much that the LGBTQ community should cheer.

The Court ruled 7-2 in favor of the baker who appealed a ruling that he had violated Colorado’s antidiscrimination law by refusing to sell a wedding cake to a same-sex couple. Nevertheless, the baker’s victory is extremely narrow.

The Supreme Court refused to endorse the broad constitutional right to discriminate being sought by anti-LGBTQ forces, even in the charged context of weddings. Rather, it ruled for the baker on grounds unique to his case. The Court concluded that the Colorado Civil Rights Commission’s decision needed to be reversed only because, in the majority’s view, the commission denied the baker neutral and respectful consideration of his claims. The Court pointed to one commissioner who called the baker’s position “despicable” rhetoric and to what the majority saw as inconsistent reasoning between the commission’s rejection of the baker’s claims and the commission’s acceptance of what the Court saw as analogous arguments in other cases.

While one can disagree with that criticism of the commission, it’s hard to disagree that government decision-makers should treat all who come before them fairly, even-handedly, and without hostility.

But the Supreme Court did not stop there. Instead, Justice Anthony Kennedy’s majority opinion powerfully reaffirms the conclusion underlying his landmark rulings in Lawrence v. Texas (striking down state sodomy laws), United States v. Windsor (requiring federal recognition of same-sex couples’ marriages), and Obergefell v. Hodges (concluding that same-sex couples have a constitutional right to marry) that “gay persons and gay couples cannot be treated as social outcasts or as inferior in dignity and worth.”

Indeed, the opinion goes on to conclude that: “For that reason the laws and the Constitution can, and in some instances must, protect them in the exercise of their civil rights. The exercise of their freedom on terms equal to others must be given great weight and respect by the courts.”

Most importantly, the decision unequivocally reaffirms the Supreme Court’s 50-year old precedent that religious or philosophical objections to treating others equally “do not allow business owners and other actors in the economy and in society to deny protected persons equal access to goods and services under a neutral and generally applicable public accommodations law.”

The opinion explains that claims to religious freedom must have narrow limits: “When it comes to weddings, it can be assumed that a member of the clergy who objects to gay marriage on moral and religious grounds could not be compelled to perform the ceremony without denial of his or her right to the free exercise of religion…. Yet if that exception were not confined, then a long list of persons who provide goods and services for marriages and weddings might refuse to do so for gay persons, thus resulting in a community-wide stigma inconsistent with the history and dynamics of civil rights laws that ensure equal access to goods, services, and public accommodations.”

Such constraints on religious exemption claims are necessary, the majority agreed, “lest all purveyors of goods and services who object to gay marriages for moral and religious reasons in effect be allowed to put up signs saying ‘no goods or services will be sold if they will be used for gay marriages,’ something that would impose a serious stigma on gay persons.”

Those are all heady words for a decision over which some, in my view, prematurely hit the panic button.
While the decision leaves much to be resolved for another day, this was not the win our opponents were praying for. No doubt they will double down in their efforts to win exemptions from antidiscrimination laws. We need to do everything we can to fight back against those efforts. At the same time, we have to pass both the federal Equality Act and state laws that provide LGBTQ people protections against discrimination in the 32 states that still lack such express, comprehensive, statutory shields against denials, in the words of the opinion, of our equal “dignity and worth.”

I believe those efforts will be helped, not hindered, by the Court’s decision. The opinion affirms that government entities have the authority “to protect the rights and dignity of gay persons who are, or wish to be, married but who face discrimination when they seek goods or services.” Now, we just need to get them all to clearly do so. Equality demands nothing less, and, today’s decision reestablishes that the Constitution’s protection of religious freedom does not stand in the way.

Jon W. Davidson, former legal director of Lambda Legal, has been a leading LGBT legal rights advocate and constitutional scholar for more than 30 years.

Continue Reading
Advertisement

Commentary

Support local businesses, please consider before canceling reservations

Our businesses must follow this protocol. This is not a choice for them – it is government mandated — the law

Published

on

Out zones in West Hollywood (Blade file photo)

By West Hollywood Chamber of Commerce | Our businesses are champions! They have managed to hire back their staff, have survived five government shutdowns and reopenings, prepared their space for a COVID-safe operation, and overcome unprecedented challenges.

Moreover, they are ensuring you, the consumer, a safe environment to visit – eat, shop, and play WeHo!  

The City of West Hollywood has put forth an emergency order dictating that only vaccinated public and employees may be allowed within the “indoor” sections of a restaurant, nightclub, bar, fitness center, or personal service business. This applies to any situation where you would need to remove a mask, such as eating, facials, working out, etc.

Our businesses must follow this protocol. This is not a choice for them – it is government mandated — the law.  

We understand that this may be welcomed by some and rejected by others; regardless of where you stand on that, the businesses need your understanding and support, not boycotting and blame. This vaccine mandate is not their choice.

We are imploring the public that disproves this City of West Hollywood Executive Order to please not take it out on the businesses – instead, come out to support these businesses who risk so much, and have given so much to survive this never-ending pandemic.

Boycotting our local small business owners, who are not at fault for this Executive Order and have no option other than to comply with it, will hurt them even more than they are currently suffering – at a time when they are sacrificing so much to help restabilize our community’s economy.

We have hundreds of beautiful outdoor spaces, rooftops, patios, and OutZones to enjoy that are not subject to the vaccination-only mandate. We have takeout and delivery options for those who want to stay put and binge-watch their favorite shows, or past City Council meetings. There are lots of safe options for dining out and working out outside in West Hollywood. 

Here is a link to our fabulous WeHo places: https://www.wehochamber.com/dinein

Continue Reading

Commentary

9-11: neighbors reached out to neighbors, strangers became instant friends

“No one talked about ideology or partisan politics. We all longed for and created community wherever we stood.”

Published

on

Ground Zero in the aftermath of the collapse of the Twin Towers on the afternoon of September 11, 2001

By Karen Ocamb | WEST HOLLYWOOD – Like many others around the world, I remember where I was on Sept. 11, 2001. I was at my desk, on deadline, TV off, but curious about this small photo on my Yahoo News front page showing smoke billowing out of one of the Twin Towers. That morning, New York City seemed planets away from West Hollywood. But deadline or not, my compulsive reporter’s curiosity was too hard to resist. I clicked on the image and the world changed. America was under attack.

I rushed to the TV. Planes with enough fuel to fly to California had been hijacked and turned into missiles. Chaos reigned. Oddly, the deliberately calm anchors calmed me enough to finish and file my story. With no other duties hanging over me, I gathered my two dogs close, surrendered to the TV and remained transfixed. Then I saw Rose Arce on CNN heading toward Ground Zero. I knew her from the National Lesbian and Gay Journalists Association. It struck me like a sudden thunderclap: are there gay people among the victims? Among the frontline responders – the cops and firefighters? Ordinary people helping however they could? If so, how would they be identified? Did it matter in such a terrorist catastrophe like this?

Rose Arce covering the September 11 attacks for CNN near Ground Zero (Screenshot via CNN)

Yes, it mattered. We just lost a generation of gay men to AIDS – an epidemic that could well have been prevented from become a global pandemic had Ronald Reagan, then President of the United States not turned a blind eye and cold hearted homophobia toward the outbreak of the new disease in June 1981.

Twenty years later, Republican George W. Bush was in the White House – thanks in part to having “former Texas governor” on his resume. But Bush won that job in part by painting scrappy incumbent Democratic Gov. Ann Richards as a lesbian. Like Reagan, Bush was indebted to anti-gay political evangelicals so even if gay heroes did emerge on 9/11 – they would likely be disparaged or erased and because of federal and state Defense of Marriage laws, their families would be denied recognition, help and compensation.

It was our job not to let that happen. A number of us attached rainbow pins or red ribbons to our shirts so there would be some identifying visibility as we joined with crowds of people rallying for support and to thank the frontline heroes. Activists would later push to have lesbian and gay couples and families recognized by the 911 Victims Compensation Fund.

But that first day, neighbors reached out to neighbors and strangers became instant friends. The less frightened comforted the terrified as we looked to the skies and wondered if a hit on L.A. was next. No one talked about ideology or partisan politics. We all longed for and created community wherever we stood.

Over the next week, we tried to find out who among our tribe might have been impacted. I’m so proud that LGBTQ journalists went into action to identify our fallen, bereaved, and those trying to help in the weeks — and years — that followed. Judy Wieder took on the task nationally for The Advocate but those of us who were community and allied reporters did our part, too.

Cover of the Advocate courtesy of Karen Ocamb

“It was September 12, 2001, a very dark day after a tragically dark day. The whole world was trying to understand what had happened and what to do next. The media world was no different. And the gay media world was in a frantic tailspin. We could not figure out what our specific angle on this catastrophe could be,” Wieder, then the Advocate’s editor-in-chief, told me for a story in the Los Angeles Blade. “We had a relatively small staff compared to major news magazines, news sites, and newspapers. We had emergency editorial meetings from dawn to dusk until we hit on something no other news service could provide. What would happen to all the partners and families of 9/11’s LGBT victims? What government agencies would take care of them?”

A satellite view of the wreckage of the Pentagon the day after the attacks on September 12, 2001.
Photograph by IKONOS satellite.

Learning about Father Mychal Judge was a miraculous retort to anti-gay evangelical Rev. Jerry Falwell who appeared on Pat Robertson’s 700 Club on Thursday, Sept. 13 and blamed gays and others for the attacks. “I really believe that the pagans, and the abortionists, and the feminists, and the gays and the lesbians who are actively trying to make that an alternative lifestyle, the ACLU, People for the American Way, all of them who have tried to secularise America, I point the finger in their face and say, ‘You helped this happen.’ ” Falwell tried to apologize but we already knew the truth about him from his days creating the anti-gay backlash with singer Anita Bryant in 1997.

Franciscan friar Mychal Judge, a 68-year old chaplain for the NYC Fire Department affectionately known as “Father Mike,” was one of those civilians who ran toward danger to be of service. Headquartered at St. Francis of Assisi across from Ladder Company 24 and Engine Company 1 on West 31st Street, not far from the World Trade Center, he jumped into a car and drove toward the site right after another priest heard the first low-flying plane.

He was met by Mayor Rudy Giuliani who asked him to pray for the city and the victims. Judge prayed over bodies of those who had jumped from the towers then headed into the lobby of the North Tower where firefighters had set up an emergency command post. French filmmaking brothers Jules and Gedeon Naudet captured video of Judge ministering to firefighters and standing in the lobby praying for their famous “9/11” documentary. Apparently Judge removed his helmet to administer last rites when the South Tower collapsed and he was struck in the head with concrete debris that flew into the North Lobby.

The filmmakers also captured the moment his body was discovered and five responders determined to move him before the second tower fell. The Reuters photo of five men carrying Judge outside was “an America Pieta” by the Philadelphia Weekly. His body was lovingly placed on the alter of St. Peter’s Catholic Church and he would eventually be designated as “Victim 0001” as the first to be taken to the medical examiner. An estimated 3,000 people attended his Sept. 15 funeral, including former President Bill Clinton and Senator Hillary Clinton.

Peter Cassels wrote in Boston-based Bay Windows about how news of Judge’s sexual orientation was revealed by friends. As a Catholic priest, he never officially come out but he did declare his opposition to Cardinal John O’Connor’s expulsion of the lesbian and gay group Dignity in 1986 and offered them a home at St. Francis of Assisi. He also marched in the gay St Patrick’s Day parade in Queens, ministered to people with AIDS, donated clothes to the Out of the Closet Thrift Shop, and apparently, we learned through the grapevine, was a humorous hit with his fellow 12 Step travelers.

Cassels wrote: “The Village Voice reported that friends said the chaplain was known as a gay man who appreciated the Gay USA show and celebrated the city’s ‘gorgeous men’ by saying, ‘Isn’t God wonderful?’”

Take THAT, Jerry Falwell!

Like me, Ed Walsh also happened to be on deadline for the Bay Area Reporter the night before the world changed. He writes about trying to find the “gay angle” to 9/11. Station KGO was on in the background when he heard Mark Bingham’s mother, Alice Hoagland, talk about her son. “I was still half-listening until I heard her say her son was ‘sensitive.’ There was something about how she said it, possibly the tone in her voice, that I just kind of knew she was saying her son was gay without saying it,” Walsh wrote.

He did an internet search and found that Bingham was a proud out member of a gay rugby team. He lucked out when Bingham’s teammate Bryce Eberhart was up late and responded to Walsh’s email. “The story of Bingham’s flight, United Flight 93, touched a chord among Americans because it represented the only victory, albeit a bittersweet one, against al-Qaeda on September 11. More reports and more stories came out about Bingham and the other passengers’ heroism,” he wrote.

Front page of the Bay Area Reporter, cover story by Ed Walsh

Later, in July 2011, I met Alice Hoagland when a documentary about Bingham, “With You, was screening at Outfest. It turned out that, aside from being a remarkable rugby player, he was a gay PR executive who helped organize the handful of young men who tried to retake the plane and prevent the terrorists from crashing United Flight 93 into the U.S. Capitol. He also supported Republican Sen. John McCain for president in 2000.

According to Bay Windows, McCain was moved to tears, saying: “I love my country and I take pride in my service but I cannot say I love it more or as well as Mark Bingham did or the other heroes on Flight 93….It is now believed that the terrorists on Flight 93 intended to fly the plane into the United States Capitol where I work, the great house of democracy where I was that day. I very well may owe my life to Mark Bingham and the others who summoned the enormous amount of courage and love necessary to deny those depraved hateful men their terrible triumph. Such a debt we will incur for life. I will try very hard to discharge my public duties in a manner that honors their memory.”

McCain called Bingham a personal hero: “He supported me and his support is now among the greatest honors of my life. I wish I had known before Sept. 11 just how great an honor his trust in me was. I wish I could have thanked him more profusely as time and circumstances allowed but I do now and I thank him by the only means I possess, by being as good of an American as he was.”

It was confusing, then, that despite McCain personally grasping that gay men can be courageous fighters, McCain still helped lead the charge opposing the repeal of the anti-gay military policy Don’t Ask, Don’t Tell.

I asked Hoagland about that. Hoagland told me, “I think Sen. McCain – like Mark and like me and like many people – is on a journey, he’s on a quest and he is evolving in his attitudes and his convictions, just as we all are. I think Sen. McCain will – I hope – ultimately come to embrace the gay community and realize that people who are gay, lesbian, bisexual and transgender deserve every freedom and right and privilege that the straight community has enjoyed all these decades.”

Alice died Dec. 2020 at age 71 – but she never stopped talking about her son and advocating for LGBTQ people.

I wrote about Ronald Gamboa and Dan Brandhorst, co-founders of the Pop Luck Club in West Hollywood, for Frontiers and my blog LGBT POV. Brandhorst, 42, was a lawyer and partner at PricewaterhouseCoopers and Gamboa, 33, managed three Gap stores in Santa Monica. The couple had been together for 14 years and were absolutely devoted to their adopted 3-year old son David, who they pushed in a strolling as part of the Pop Luck contingent during the annual Christopher Street West Pride Parades.

Ronald Gamboa and Dan Brandhorst with their son David

The family was returning home after a visit with family in Cape Cod. They boarded the United Airlines Flight 175 at Logan Airport in Boston that crashed into the south tower of the World Trade Center.I covered a moving memorial for them at West Hollywood Park Auditorium on Sept. 13, 2011 organized by the City of West Hollywood and The Pop Luck Club. The anguish was still evident.

“Ten years later and it’s still difficult to comprehend,” said Rich Valenza, co-President of the Pop Luck Club, choking up. Screams of children playing outside punctuated the moments of silence, though no one inside was perturbed. “Things were different ten years ago and very different for prospective gay fathers….Creating our families is revolutionary.” The Pop Luck Club was renamed Raise A Child, when it became a national organization helping LGBT people foster and adopt children.

The 9/11 Memorial & Museum says David Reed Gamboa Brandhorst “was one of the youngest victims of the 2001 terror attacks.”

My deadlines and my duties are different today and I’m grateful for the progress that we’ve made. But without the Equality Act and its enforcement, folks like me and others who care that LGBTQ people are not rendered invisible and erased will still have to search for and find members of our tribe who we refuse to remain lost in time.

**********************

********************

Karen Ocamb is a veteran journalist who has chronicled the lives of LGBTQ+ people in Southern California for over 30 plus years.

Continue Reading

Commentary

Lesson of 9/11 ignored?

20 years later, that those events triggered profound changes for many people and it marked both a break and a new beginning.

Published

on

Twin towers of the World Trade Center, Sept. 11, 2001

By Troy Masters “Let’s go watch history be made!” I shouted to my then 58 year old mother when on NY1, the local NYC cable news station reported that a “small plane” had struck one of the World Trade Center towers. I took her hand and we dashed outside.

20 years ago, in New York, mom and I watched with our own eyes as the spectacle of 9-11, from shortly after the first plane struck, unfolded. 

We watched helplessly and stunned as the tower burned. Crowds, thousands of people, gathered and stood on the sidewalk and in the streets gazing upward in silence, some sobbing.

When the second plane struck the other Tower everyone screamed noises I’d never heard from humans. 

Some people just ran, not knowing what to expect next. 

Most, like my mom, Josie, and me, were just too stunned to leave.

I couldn’t allow myself to grasp the horror of what was happening; I saw architecture ruined and thought of the city’s psyche having to deal with a lingering, ugly blight atop its tallest buildings. 

My mom was terrorized knowing people were trapped and dying — “people are jumping,” she cried.

Then came the first collapse. 

We both became dizzy with disbelief and horror. And soon after, the smoke of the second collapse momentarily left a ghost trail of the building that had been there.

The ghost trail, like the buildings, collapsed and a tsunami of grey, dusty ash engulfed Lower Manhattan all the way past at least 14th street.

The world changed and we were lost but felt we needed to protect ourselves.

Terrified, we ran to the ATM to get as much cash as we could get and went shopping for staples and food and water, presuming that if war was breaking out we’d not be able to get anything at all. We rushed.

Everywhere we went there were lines and rumors were flying that other planes had crashed and more were headed to New York. One had crashed, we heard, on the mall in Washington.

There was no phone or cell service for hours and the cable and internet had failed from so much demand: the entire world was desperately trying to connect with their loved ones. We couldn’t get in touch with my sister or friends and other family.

My sister, Tammy, a flight attendant, was in the air and I was so grateful my mom was with me. We both cried not knowing if she was on one of the flights.

Finally, a breakthrough: my sister got through on mom’s cell and told us she was on the ground and ok.

Another bright spot of that day was finding Arturo, who I was then only dating in the crowd and knowing he was ok. We had met only a few months before and it was then and there I realized my feelings of love for him. I remember the incongruity of smiling when I saw him. We’ve been together for the entire past 20 years and have built a life together that has brought us both blessings.

That night there was absolute silence and the smell of electrical fires burning filled the air.

On the half hour, the comforting, shaking rumble of super fighter jets patrolling the night skies slowly over the city helped lull us into a deep, exhausted sleep.

So much unfolded the next day.

My newspaper needed to publish and the logistics of that and the money to do it were challenging, but “Angels” have always been on my shoulders and have always helped me find a way.

I realize today, 20 years later, that those events triggered profound changes for many people in so many personal ways and it marked both a break and a new beginning.

It was a pivotal moment.  

Yet here we are, 20 years later and many of the same conservative politicians and leaders who evangelized nationalism then are defending terrorism today by resisting every effort to examine and prosecute domestic terrorists who assaulted the US Capitol building on January 6, 2021. 

Many of these same ‘patriots’ also seem intent on ignoring and inflaming Covid, a disease that is resulting in a 09/11/2001 sized tragedy striking the nation every day for the past eighteen months.

********************

Troy Masters is the publisher of the Los Angeles Blade

Continue Reading
Advertisement
Advertisement

Follow Us @LosAngelesBlade

Sign Up for Blade eBlasts

Popular