[note] Why do queer folk like Halloween?

Hey folks!

Robert has also dragged me into the quagmire of the Outlaws blog. I've never written in "blog style," so we'll see how this goes.

Now that we're in the fourth day of the five day extended Halloween party season, I've started to wonder why so many of my queer folk love Halloween. I'm sure the answer has something to do with its sexualization, breaking of social norms, and masked identities. It's as though the whole country, for one night (or 5 nights in Ann Arbor), becomes a little bit queer. What a delightfully scary sight.

[note] Joining the team

Hooray--I've joined a blogging team! Were it not for the fact that I use a film, not a digital, camera; like baking my own bread and want to start making my own yogurt; and am more apt to listen to cassette tapes than CDs (when I'm not just playing music on the computer...I've recently been introduced to Pandora and it's AMAZING), I might actually feel like part of the 21^st century.

The 'assigned' topic for my first post was What I Did This Weekend. On the non-law-related side, I taught a lesson about Creation to the kindergarteners at religious school, took the dog on several long walks, and made a rain-soaked attempt at attending my very first football game ever.

Outlaws-wise, on Thursday night I played for an Outlaws-sponsored team at the WLSA (women's law student group) Trivial Pursuit tournament. While we were knocked out in the first round, I did correctly answer a very random question about Gerry Spence, and learned that Mary and I have quite complimentary trivia knowledge. Even more importantly, it was a great way for Outlaws to show support for the cause WLSA was fundraising for--the purchase of rape kits, since in Michigan rape victims have to pay for their own. And on Saturday, I attended an Outlaws women's "dinner where everybody brings something" (I don't quite understand the aversion to the word "potluck," but our host was quite emphatic about that and I'm all about using preferred terminology). The food was good (even though I burned the rolls), the company was good, and it ended early enough to get home and do some homework.

Because despite what my mom thinks (she's not convinced I'm actually attending law school, what with all the talk of friends and bowling and watching Grey's Anatomy), I do spend plenty of my time on academic stuff--today, a study group meeting about the Rule Against Perpetuities, and a ton of land use reading--the former mayor of Grand Rapids is speaking to my class tomorrow and I want to have something intelligent to say during the Q&A period.

[note] New Contributres, which is not French for what these people are.

I'd like to introduce Ryan and Stacy, our newest contributors, but I'm not going to because they'll do it themselves through the ideas, rants, and reflections they bring to our site. Just know that they are amazing, and that they have lots of stuff to say, and, unlike the things I write on here, it will probably make sense.

Best wishes, all.
robert, secretary.

[news] I almost forgot...

Gay couples are just like straight couples. So, they get equal rights...in New Jersey.

Cue the Apocalypse...in New Jersey.

Here's the opinion.


When judicial opinions come out that people disagree with, the first accusation isn't that they're wrong--it's that they're cheating. So, there are a ton of commentaries out right now saying that this is judicial activism. Ok, great. Nothing new.

There's another breed of non-academic critique, though, saying that this is perverting the idea of equality. I find those much more interesting. For those people, equality is some kind of mathematical formula. You plug in the numbers, simplify the terms, and then check your answer in the back of the book. Not always the Bible, but often.

One such commentator said that the court pulled a fast one by shifting equal protection from the individual to "the couple." The court said gay couples are like straight couples, therefore they get all the same rights. The critique says that's sleight of hand--equal protection is for the individual, not groups. And it's not a violation of equal protection to forbid everyone from marrying someone of the same sex.

Anyone who claims absolutes or exclusive access to truth in constitutional law should be greatly mistrusted. If I passed a law today saying that nobody could be black, that'd be "equal protection" under that formula. It's not against black people as individuals because nobody can be black.

Equal protection can't mean that everyone is identical. They're not. For it to work, I think it has to at least mean that people aren't treated worse for their differences just because they're different. We can argue baselines and relevant differences and all that, but I'll tell you--I know when someone's shitting on me just because they don't like me. And that, I believe, is a sign that they don't think I'm as good as them. That they'd pass laws that institutionalize that. That they are violating my guarantee of equality.

It's not hard. No math required.

[news] Are you now, or have you ever been, a member of a gay wedding party?

A Michigan judge whose nomination to the federal bench is stalled over her appearance at a lesbian commitment ceremony says she attended as a friend, not to give legal sanction.

The nomination of Michigan Court of Appeals Judge Janet T. Neff to be a U.S. District Court judge is on hold because Sen. Sam Brownback, R-Kan. [link], is not satisfied with her response to questions about her views on same-sex marriage, a spokesman for the senator said Thursday.

Neff's status has been in limbo since last month, when Brownback placed his procedural hold -- using a technique that allows a lone senator to stall a nomination. Brownback wanted to know whether there was anything illegal or improper about the 2002 ceremony in Massachusetts and how Neff's actions might shape her judicial philosophy.

link to article

First, I know this was over a week ago, but I've been busy. Second, I'm not very political, but I hate this. This is witch-hunting, making it dangerous not only to be gay but to know gay people. That's my political analysis. You can end people's careers for knowing gay people or being friends with them if you want to. But you're a crazy, jerkface goon if you do. There is no "culture war." That's in your head. There is no "battle to save marriage." That's in your head. There is no treason, no giving solace to the enemy in this debate.

Because it's a debate. And, whether he likes it or not, we all know gay people.

(buy a button)

[plug] HIV/AIDS and The Voice of Women

Tonight 7-9 pm

HIV/AIDS and The Voice of Women

A workshop on the place of women in the HIV/AIDS crisis
Sponsored by VOICE, a group for queer women on campus

More info call 734 763-4186 or email lgbta@umich.edu

At the ICC Eduction Center on Hill St.

[plug] Washtenaw Rainbow Variety Show

from tons of our friends...



That part that's too small to read at the bottom says:
Featuring performances of gender, drag, comedy and spoken word from members of Washtenaw County.

more info: emich.edu/lgbtrc.

[news] Making Gay Marriage Safe For America

Nine states have ballot initiatives, often (mis)labeled "marriage protection" acts, that would define marriage as between one man and one woman. Nineteen states already have constitutional amendments explicitly barring the recognition of same-sex marriage. This means that if at least seven of the new ballots pass, more than half the states in the nation will have banned gay marriage.

This statistic is very much in keeping with the findings of a major survey by the Pew Forum, released in July, which shows that Americans oppose gay marriage 56 to 35 percent. Not surprisingly, those who say they have a high level of religious commitment oppose it by a substantially wider margin of 75 to 18 percent. The prospects for same-sex marriage are not looking good.

And yet, turn on the television any day or night of the week and you'd think being gay was, well, no big deal.

Two of the three reining daytime talk show queens, Rosie and Ellen, are lesbians. And, for the first time, Ellen has also been selected to host the 79th Annual Academy Awards, this February. To put that in perspective, one year, the Academy Awards reached a worldwide audience of over 55 million people. The influence of these women is simply incalculable.

Here's the article from popmatters.com.

[news] Suck It, Boy Scouts!

So, a while back the Supreme Court said that the Boy Scouts (BSA) could kick people out for being gay. They based the decision on a right to expressive association, whatever the hell that is, and the state wasn't going to go around telling people who could or couldn't be in your tent. I was ok with that, as long as I could kick Boy Scouts out of my tent for being jerks.

Now, here's where your conception of rights might get in the way. And it sure did for the Sea Scouts. I guess they figured that, once they [through the Boy Scouts case] had a right to do something, nobody should be able to stand in their way. Am I mischaracterizing their position? You bet! Because when the city of Berkeley decided to stop subsidizing the Sea Scouts' use of the marina, they screamed to high heaven that this was discrimination. I guess discriminating against someone for discriminating is discrimination. At least that's how the news told the story.

It's at this point that I closed the window I was reading, and went to Westlaw to find the actual case. You can't trust things you read in newspapers about law. They never get it right. You can't trust things written by law students in blogs, either. Go read the damn thing yourself.

Here's how it really went down, more or less, according to the demurred upon facts. First, they never actually discriminated against anyone. "Girls as well as boys participate, and the Sea Scouts have never actually discriminated against anyone on the basis of sexual orientation or religion." The Sea Scouts were, however, bound by BSA policy. And we all know what that means. Or do we? It turns out that, as of 1998, the Sea Scouts had a Don't Ask/Don't Tell policy towards its members. Their policy statement to the city read, "We believe that sexual orientation is a private matter, and we do not ask either adults or youths to divulge this information at any time." The City Attorney wasn't buying it. That's a recipe for future discrimination, and in fact the Sea Scouts couldn't go any further than that because they feared losing BSA funding.

The Sea Scouts (bless them) probably didn't want to discriminate against anybody. Much of their claim seems to be that they're being hurt because of their assocation with BSA. They had even gone so far as to "solemnly promised" to never discriminate against anyone (more or less).

So what Supreme Court cases bite these poor scouts in the butt? The conditional spending cases, of course, that had previously said the government can decline to fund the exercise of constitutional rights (i.e., abortion). "[A] legislature's decision not to subsidize the exercise of a fundamental right does not infringe the right." Rust v. Sullivan. See also Grove City College v. Bell (1984). In the culture war, I wonder how many more scouting troops there are than abortion clinics? That's the tricky thing about law. Your victories often come back to haunt you.

The gist of the reasoning is that, by requiring them to promise not to use the money for non-approved purposes (i.e., running a boating program that discriminates), the city wasn't forcing them to make any statement at all about their beliefs on sexuality. The analogy that the court didn't use, but I will, is that if I give you $5 and tell you not to buy ice cream with it, your acceptance makes no statement at all about your feelings on ice cream. You just took the money.

The case goes on like that, and I absolutely can't wait to read the Christian websites tomorrow. I predict headlines about an activist court forcing the Boy Scouts to accept gays and atheists. Or, punishing the Boy Scouts for their beliefs. Cue the persecution complexes. They've got a lot of whining to do.

The truth is, though, that this isn't really all that activist. It's a conditional benefit, just like the abortion cases, and I'm not surprised the high court didn't take it up. The only difference is who's getting the shaft and having to pay cash money for their beliefs. Liberals are used to it. Conservatives, on the other hand, will find it a tougher pill to swallow.

[note] Double Lives are No Way to Live

Kenji Yoshino has written a nice and uncomplicated editorial, just in time for National Coming Out Day, addressing what most progressive-minded people already know: it's far more destructive on psyches and society for people to be secretly gay than it is for people to just be honest. Of course, all those gay people running around is also more jarring to a more conservative world-view that strongly wants to believe that gay people don't exist. Unless you're Scalia, who honestly seems to believe that he's the last straight man alive.

HERE'S the burning question about gay politicians: How could Mark Foley or Jim McGreevey have believed in the sustainability of their double lives?

Both had routinely acted on their same-sex desires. Both knew public scrutiny is an occupational hazard for politicians. What were they thinking?

...

Both men are highly intelligent and accomplished. So how could they build their titanic careers without seeing the iceberg in their paths?

The answer lies not just in a desire for their true sexuality not to be known, but also in straight society's desire not to know it.

Given the balance of harm--conservative irritation at all these gay people (who exist whether you see them or not), and the emotional turmoil and self-destruction of hiding something as integral to your life as your relationships--I know which I'd prefer to see as the norm.

Come out, when you can.

link to article

[note] Reaching OUT, 2006.

For a long while now, our motto has been "Changing the World One Openly Queer Lawyer at a Time." We carried that mantra with pride, because it's really what we try to do. Especially in the early years, just getting lawyers to feel safe being out in law school was #1 on the list. I think we're pretty good at that these days.

In more recent times, our energies have focused in new directions (plural). We've made connections with other LGBT grad student groups, and with community service groups and local churches that support our friends and families. We've brought in speakers about issues that affect our lives and tried to teach our peers about the (often) invisible discrimination that non-straights face.

This year we decided to take those two goals and combine them into one mission for 2006: Reaching OUT. As you can see it has the convenient double-meaning of "achieving out" and "extending ourselves out to others in the community." And for the 06-07 school year, we hope that everything we do as an organization will have the effect of building a new connection with someone else. We're here, we're queer (as they used to say). Now, let's be friends.

If you know any group, person, or organization in Michigan, the country, or the world, that we would benefit from building a relationship with, please let us know. We're very excited to see what new friends this year brings.

Best wishes to you all,
robert
outlaws secretary.

[note] National Sexual Orientation Law Moot Court

for our friends:

Want to compete in the National Sexual Orientation Law Moot Court Competition?

Email Paul by Wednesday, Oct. 25th if you're interested...

Who: Once again, Outlaws wants to send two teams (2-3 people/team) to this year's competition. We want you! 1Ls, 2Ls, 3Ls are all encouraged to compete.

What: The only national competition dedicated exclusively to the area of sexual orientation law. The competition provides an opportunity for competitors to write an appellate level brief on a current topic in sexual orientation law and to argue the case before a panel of judges.

When: Feb. 10, 2007; the final round will be on Feb. 23, 2007.

Where: At the campus of UCLA Law School.

Why: This is an excellent opportunity to enhance your oral and written advocacy skills on an important topic related to sexual orientation. Last year, Steve & Germaine won 1st place in the written brief competition and Steve & Foz made it to the semi-finals of the oral argument competition. This year - Michigan Outlaws are taking it all!

Cost: Outlaws will cover travel/lodging expenses as well as team registration fees.

Email by Wednesday, Oct. 25th if you're interested or if you have any questions.

[plug] Alison Bechdel: National Coming Out Week Keynote

Life in a box- Documenting the domestic in comics form
Tuesday, October 10, 7:00pm
Residential College Auditorium
East Quadrangle Residence Hall
University of Michigan
702 East University Ave.

Bechdel is author of the widely acclaimed Dykes to Watch Out For, a comic strip that reproduces the experience of the 21st century, addressing current events, politics, relationships and so much more in masterfully illustrated panels.

[plug] Karen Williams Comes to Town

COME OUT & LAUGH WITH KAREN WILLIAMS

Royal Oak, Wed. Oct. 11th
Doors open at 7pm with seating taking place as people arrive. Reserved seating available.

If you love to laugh, you won't want to miss one of our nation's
leading lesbian comics. Featured alongside Kate Clinton and Suzanne
Westenhoefer in "Laughing Matters", Ms. Williams is nationally-known for her
ability to poke fun at everything from politics and race relations to sex
and everything in between.

"My idea about humor is that it opens people's hearts and it opens people's minds," Williams says. "With that they can laugh at themselves and share more freely than if it's delivered as straight commentary."

Tickets are just $25 and available online now for purchase (here)

This event is sponsored by Ford Motor Company,
Paramount Bank, Between The Lines, Rasor Law Firm, BlueRock Financial,
Galloway and Collens, PLLC, KPMG, Wells Fargo, Holiday Market, Valassis
Communications, Great Lakes Collision, Inc.

[plug] Office of LGBT Affairs: National Coming Out Day Events

Want to celebration National Coming Out Week all week long? You can!

Here's a link to the office of lgbt affair's calendar of events for the week.

And, in case you're too lazy to click it, here's a preview of what they've got planned...

• Intersecting ROADs (race, orientation, attraction, dialogue)
• Brownbag: The Christian Case for Gay Marriage with David Myers
• Trivia Night with Twist
• Rainbow Tailgate
• Brownbag: Artist's Lunch with Alison Bechdel
• Coming Out as an Ally
• National Coming Out Day Campus Celebration
• Talk About It: a special panel to celebrate National Coming Out

[plug] (McGreevey In A2)x2.

*
from our good friend paul:

Former New Jersey Governor Jim McGreevey will actually be in Ann Arbor twice!

The first time is Tuesday:
Tuesday, October 03, 2006
07:00 PM
SHAMAN DRUM
313 South State Street Ann Arbor, MI 48104

The second time is:
Wednesday, October 11, 2006
07:00 PM
BORDERS BOOKS AND MUSIC
BORDERS 612 Liberty St Ann Arbor, MI 48104

I have no clue why he's coming twice.

*Oprah not included.

[photos] Mentor/Mentee Brunch

more pictures

[event] ...a.k.a., Potluck Social

from our friend Jenny:

All Outlaws Women (and men who enjoy getting together before 10 pm to sit around and talk):

Please join us for dinner where everyone brings something. (What most people would call a potluck.)

When: Saturday, October 28th. 6 pm.

What: This will be an informal gathering - just a chance to get together and talk

Where: My place

[email us for directions]



Let me know if you'll be joining so we can figure out who is bringing what. There are no requirements -- you don't have to cook (non-cooks can bring beverages or forks, for instance) and friends/partners/significant others are welcome.

Jenny

[note] Just an update...

from our dear co-chair Paul:

I'm obsessed with shout-outs, so here's the latest:

1) Our inaugural mentor/mentee brunch was a huge success! Thanks to Foz & Stacy for planning today's Outlaws mentor/mentee brunch. The food was fabulous and quality bonding was had by all. Cheers to Foz for sharing her lovely, spacious apartment!

2) We raised over $400 for AIDS Walk Michigan! This afternoon a group of 15 of us walked in AIDS Walk Michigan. Thanks to everyone who walked - Steve, Jenny, Bob, Tim, David, Paul J., Mary, Ryan T., Michael, Zaki, Audrey, Evan, Tina, Sarah and moi. We raised $400 (and counting!) to help in the fight against HIV/AIDS.

[I would like to confess that I did not make it to the AIDS walk because of a group project, but at the brunch I cooked some amazing bacon. I had nothing to do with the quality of the facon. ~robert]