Rainbow bLAWg

Banned Book Week

Gay Books Are Still Being Banned

banned-book-weekSept. 22 marked the beginning of the American Library Association’s annual “Banned Books Week,” a commemoration of all the books that have ever been removed from library shelves and classrooms. The event highlights the value of free and open access to information, the freedom to choose and the freedom to express one’s opinions even if that opinion might be considered unorthodox or unpopular.

Banned Books Week was launched in 1982 in response to a sudden surge in the number of challenges to books in schools, bookstores and libraries. A challenge is an attempt to remove or restrict materials, based upon the objections of a person or group. A banning is the removal of those materials.

Challenges do not simply involve a person expressing a point of view; rather, they are an attempt to remove material from the curriculum or library, thereby restricting the access of others. As such, they are a threat to freedom of speech and choice.

Politics, religion, sex, witchcraft — are the reasons people give for wanting to ban books, but most often the bannings are about fear.

Despite the landmark year for LGBT rights, where DOMA was overturned and one state after another is recognizing same-sex relationship, books about LGBT people and their families remain one of the biggest targets of censorship in school classrooms and libraries.

The children’s book, And Tango Makes Three, about tow male penguins that find an abandoned egg and raise a chick together remains on the list. In Our Mother’s House, a family about two moms, and The Family Book, which has a page that states the some families have two moms or two dads, are also on the list.

The First Amendment guarantees that each of us has the right to express our views, including opinions about particular books. At the same time, the First
Amendment also ensures that none of us has the right to control or limit another  person’s ability to read or access information. Yet, when individuals or groups file  formal written requests demanding that libraries and schools remove specific  books from the shelves, they are doing just that.

When we speak up to protect the right to read, we not only defend our individual  right to free expression, we demonstrate tolerance and respect for opposing points of view. And when we take action to preserve our precious freedoms, we become participants in the ongoing evolution of our democratic society.

Here is the complete list of books challenged, restricted, removed or banned in 2012 and 2013:

The Absolute True Diary of a Part-Time Indian
Alexie, Sherman
Thorndike Press; Little, Brown

Feed
Anderson, M.T.
Candlewick Press

The Handmaids Tale
Atwood, Margaret
McClelland And Stewart

Stone Dreams
Aylisli, Akram
Novella Published in Druzhba Narodov

Uncle Bobby’s Wedding
Brannen, Sarah S.
Putnam

Ender’s Game
Card, Orson Scott
Top Science Fiction

The Perks of Being a Wallflower
Chbosky, Stephen
Pocket Books

When It Happens
Colasanti, Susane
Speak

The Most Dangerous Game
Connell, Richard
Perfection Learning; Creative Education

Carter Finally Gets It
Crawford, Brent
Disney Hyperion Books

Nickel and Dimed
Ehrenreich, Barbara
Holt

Like Water For Chocolate
Esquivel, Laura
Doubleday

Looking For Alaska
Green, John
Speak

Tintin In The Congo
Hergé (Georges Remi)
French & European Publications

The Kite Runner
Hosseini, Khaled
Bloomsbury

Totally Joe
Howe, James
Atheneum Books for Young Readers

The Popularity Papers
Ignatow, Amy
Amulet

Fifty Shades of Grey
James, E.L.Vintage

Different Seasons
King, Stephen
Viking

SideScrollers
Loux, Matthew
Oni Press

Allah, Liberty, and Love
Manji, Irshad
Free Press; Zi Publications

500 Years of Chicano History In Pictures
Martinez, Elizabeth
Southwest Community Resources

Neonomicon
Moore, Alan
Avatar PRess

Beloved
Morrison, Toni
Knopf; NAL

Fallen Angels
Myers, Walter Dean
Scholastic

Intensley Alice
Naylor, Phyllis Reynolds
Atheneum Books for Young Readers, Simon Pulse

Muslim Women and the Challenges of Islamic Extremism
Othman, Norani, ed.
Sisters In Islam

Fight Club
Palaniuk, Chuck
W.W. Norton

The Family Book
Parr, Todd
Little Brown

A Child Called It
Pelzer, Dave
HCI

The Body of Christopher Creed
Plum-Ucci, Carol
Harcourt

In Our Mother’s House
Polacco, Patricia
Philomel Books

And Tango Makes Three
Richardson, Justin, and Peter Parnell
Simon

Persepolis
Satrapi, Marjane
Pantheon Books

Romeo and Julie (No Fear Shakespeare)
Shakespeare, William
Sparknotes

Prep
Sittenfeld, Curtis
Random House

A Thousand Acres
Smiley, Jane
Anchor

Waterland
Swift, Graham
Vintage

Hero-Heel 2
Tateno, Makoto
Digital Manga

The Dirty Cowboy
Timberlake, Amy
Farrar Straus Giroux

Stuck In Neutral
Trueman, Terry
Harpercollins Publishers

The Glass Castle: A Memoir
Walls, Jeannette
Scribner

Robopocalypse
Wilson David Howard
Doubleday, Vintage

The Electric Kool-Aid Acid Test
Wolfe, Tom
Farrar Straus Giroux

Pope Francis E1379863557514

New Pope Talks The Talk

pope_francisUnlike his predecessor Pope Benedict, who said homosexuality was an intrinsic disorder, Pope Francis said that when gays told him they were condemned by the Church and felt “socially wounded”, he told them “the Church does not want to do this”.

Francis may be more humane and more humble than Benedict, but it makes you wonder if it is the ‘transmission” of the Catholic doctrines that concerns him, not the doctrines themselves. He is not suggesting the reversal of Catholic teaching of gays or divorce or birth control. He is telling his staff to shut up about them.

Perhaps he is a change agent in the marketing department, not the engineering office. Taking his lessons from advertising, he realizes that when your brand is failing, you don’t change the product – you change the message.

And no wonder. These issues have been a big problem for Catholics. Many people have left and young people have turned their backs on the church. Even some of the most devout are “cafeteria Catholics,” picking and choosing the doctrinal truths that suit their lifestyle, and ignoring the rest.

But on the other hand, historically the pope’s words have had great power and could contribute greatly to the cultural shift in the acceptance of gay and lesbian relationships around the world. His words will probably encourage more Catholics to be more visible, and visibility is the key for change in our community.

Gay Mormon

The Mormon’s Are At It Again

You would think the LDS (Latter Day Saints aka Mormon) church would have learned their lesson after their $20 million failure on Prop 8 in California. Instead, in their effort to prove that they’re not really hateful bigots, they’ve headed to Hawaii to actively undercut the civil rights of gay and lesbian Americans there.

Now, accepting that same-sex marriage is inevitable, Mormons are asking their members to push for a “religious exemption”. An exemption would permit anyone in the state to refuse to assist, or celebrate in, a gay marriage. That means that state officials could refuse to marry you (or even process your papers), employers could possibly refuse to recognize that same-sex employees are married, hospitals could turn your same-sex spouse away, and other ways in which private individuals statewide could refuse to “celebrate” your marriage.

So essentially, Mormons are telling their followers in Hawaii (5% of the population) to oppose gay marriage in the state, and if it passes anyway, they want a provision that says your marriage doesn’t count.

This whole thing smells like an excuse for an all-expenses paid vacation in Hawaii to me!

R APRIL DEBOER JAYNE ROWSE Large570 E1379507002763

Michigan Family Challenges State DOMA

April DeBoer, Jayne RowseIn an effort to protect their children, when a lesbian couple in Michigan decided to sue to have the state’s ban on adoption by same-sex couples overturned, the federal judge in their case invited them to broaden their lawsuit to include a complaint on Michigan’s same-sex marriage ban.

Jayne Rowse and April DeBoer have been together 13 years and have three adopted children. Under Michigan’s current legislature, only heterosexual married couples and individuals can adopt children. As foster parents, the couple could share legal guardianship of the children. However, once the couple decides to adopt, only one person could be granted as the legal parent.

This leads to Rowse being the legal mother of Nolan, age four and Jacob, age three, while DeBoer is the legal mother to adopter daughter Ryanne, age three.

This means that Rowse would lose her right to make legal decisions regarding Ryanne, and DeBoer would lose the same rights over Jacob and Nolan. The implications of this law go further; if, for instance, Rowse were to die, DeBoer would have to go to court to try to adopt Jacob and Nolan and vice versa.

While Rowse and DeBoer say that they’ll be happy if the judge rules that same-sex couples can marry in Michigan, what they mostly hope to achieve is a judge ruling that they can both be the legal parents of all three adopted children.

Michigan currently has some of the most restrictive laws in the country when it comes to same-sex relationships. In 2004, voters adopted an amendment to the state’s constitution that prohibits recognizing same-sex marriages or civil unions.

A statement made by attorneys representing Gov. Rick Snyder and the state of Michigan argued that the state’s constitutional amendment defining marriage is necessary to “regulate sexual relationships” to encourage population growth.

In the brief, attorneys from Michigan Attorney General Bill Schuette’s office say that Michigan and other states which define marriage as being “one man, one woman” have done so “to regulate sexual relationships between men and women so that the unique procreative capacity of such relationships benefits rather than harms society.”

A hearing is set for October 16 in U.S. District Court in Detroit to rule on the couple’s motion as well as a motion filed by the state seeking judgment in its favor.

Same Sex Irs

State Of Celebration

same-sex-irsStarting today, same-sex married couples must file federal income tax returns as married, regardless of whether the state where they live recognizes their marriage.

This means if you’re filing an extended 2012 federal income tax return on September 16, 2013—or any original tax return, for that matter—your only options are to file a joint return as a married couple or to file two returns as married filing separately.

If you’ve already filed your tax return for tax year 2012, you have the option of amending that return and the returns for other open years to reflect either of the married filing-status options.

The news for legally married gay and lesbian couples came in late August, when the Internal Revenue Service announced that it would implement a “state of celebration” standard when it comes to federal return filing. State of celebration refers to the jurisdiction in which the couple was married, meaning the same-sex pair can file their federal taxes as married even if they live in a state that does not recognize their marriage.

Traditionally, the IRS has not used state of celebration, but the state of domicile for its rulings. Under the celebration instead of residency standard, a couple in Texas, which does not recognize same-sex marriages, could head to California, exchange vows and return home to the Lone Star State. They then would file a joint federal tax return and not have to worry about state taxes, since Texas is one of seven states without an income tax on wages.

But many same-sex married couples who live in states that do collect income taxes will have some filing work ahead.

The IRS decision does eliminate a common complaint of same-sex married couples who live in states with income taxes. Because most states rely on some portion of taxpayers’ federal return information, same-sex married filers who had been able to file a joint state tax return previously had to complete a mock federal joint Form 1040 to use as their state basis.

Now that federal return effort won’t be wasted. The 1040 they fill out as a married couple will actually go to the IRS for processing.

But while same-sex couples are celebrating in states that recognize they’re married and which collect state taxes, those in other states, along with state tax officials and tax professionals are scratching their heads.

Will the 24 states that don’t recognize same-sex marriage and collect state income tax still follow the IRS and accept joint tax returns from the couples?

Most tax experts expect states that do not acknowledge same-sex marriage to continue to require their residents to file as single or, if they have children, head of household taxpayers.

Some states will be able to provide rules for taxpayers administratively. Others may need to amend state laws that require taxpayers to use the same federal and state filing status and are now at odds with state constitutions.

Couples in states that have not acted are in a tax conundrum because starting today the IRS will prohibit same-sex married couples from filing individual returns. That means couples who received extensions through Oct. 15 for their 2012 tax returns will face the conflict immediately, without the help of guidance from their states.

Obamacare

Being LGBT Is No Longer A Pre-Exisiting Condition

obamacareMany Americans, including the LGBT community, remain largely unaware of the positive impact that Affordable Care Act, aka Obamacare will have on their lives. The goals of Obamacare are: equal access, consumer engagement, data collection and Medicaid expansion.

With open enrollment beginning on Tuesday, Oct. 1 for coverage that will begin on Jan. 1, 2014, being LGBT will no longer be a pre-existing condition. Meaning insurance companies can no longer deny healthcare coverage for Americans who are transitioning or have HIV, AIDS, cancer or other conditions that were previously excluded.

LGBT Americans will no longer be overcharged by insurers, locked out or dropped out of plans for being gay, and they will no longer be discriminated against because of sexual orientation or gender identification.

Under the Affordable Care Act, LGBT people who were not previously able to afford health insurance will be able to apply for Medicaid or shop in a Health Insurance Marketplace for quality health insurance coverage that fits their budget.

The Affordable Care Act will help LGBT Americans in four major ways:

1. Protecting our right to access quality, affordable health insurance. Starting in 2014, the health care law prevents insurers from denying us coverage or charging us a higher premium because of a pre-existing condition or because we are LGBT.

2. Removing lifetime dollar limits on coverage. That means that people with chronic diseases, like HIV/AIDS, cancer and mental health concerns, can get the care we need. And starting in 2014, all annual limits will be illegal, too.

3. Promoting wellness by requiring insurers to cover preventive care at no additional cost. LGBT adults and teens can get screened by a health professional for HIV and depression without paying co-pays or deductibles. Other preventive services, like cervical cancer screening for sexually active women, obesity counseling for people at risk, and well-woman visits are also covered at no extra cost.

4. Helping more LGBT Americans find affordable health insurance. Starting October 1, 2013, all Americans without insurance and those looking for better options will have a new place to shop for plans, the Health Insurance Marketplace, and may qualify for lower costs on monthly premiums.

The Affordable Care Act could truly transform the health and well-being of the LGBT community for generations to come, and the upcoming open enrollment period in the Health Insurance Marketplace at Healthcare.gov, – from October 2013 to March 2014 – provides an important opportunity to get folks enrolled.

Cowboy Up

Time For Texas To Cowboy Up

cowboy-upCome on, Texas. Cowboy up. You can’t ban same-sex marriage and at the same time force two men to stay gay-married in the state.

The two men, married in Massachusetts in 2006 later moved to Texas and now are seeking a divorce. The problem is that Texas won’t let them. And they can’t get divorced in Massachusetts either, because, like all states, Massachusetts has a residency requirement for divorce.

Texas is trying to retroactively declare that a marriage that took place in Massachusetts was never real. But it decided that the couple has another perfectly valid option: They can ask that their marriage be declared “void.” In other words, the state is willing to essentially rewrite history declaring that their marriage never occurred in the first place.

Tell that tale to the IRS when they file their federal tax returns. And what happens when they decide to get re-married? Will they be charged with bigamy? In the state of Texas, the penalty for bigamy is 2 to 10 years in prison and a possible fine of up to $10,000.

The couple first filed for divorce in 2009, and a family court judge granted the petition, but in 2010 a Texas court of appeals reversed the ruling, arguing that divorcing a same-sex couple would require the state to recognize that they were married in the first place, which they refuse to do.

Texas Attorney General Greg Abbott intervened, taking the position that “because the Constitution and laws of the state of Texas define marriage as the union of one man and one woman, the lower court correctly ruled that Texas courts do not have authority to grant a same-sex divorce.” Any other ruling, he said in a statement, would allow other states to impose their values on Texas. Texas, takes the position that being forced to recognize same-sex divorce is no different from being forced to accept gay marriage.

On November 5th the Supreme Court of Texas will hear arguments regarding whether the men’s constitutional rights were violated by not granting them a divorce.  It will be interesting to see if the court rules on the right side of history.

GayNewMexico E1378913976432

New Mexico May Be Next to Legalize Gay Marriage

GayNewMexicoOne day after county clerks in New Mexico’s 33 counties filed a petition asking the state’s Supreme Court to determine whether District Court Judge Sheri Raphaelson was correct when she declared it unconstitutional to deny marriage licenses to same-sex couples, the panel of 5 justices decided they would hear and settle the issue of whether same-sex marriage should be legal throughout the entire state.

It all started on August 21 when the Dona Ana County clerk decided to allow same-sex couples to apply for marriage licenses in that county. Since then, 7 other county clerks followed that clerk’s lead and as of this writing, nearly 1,000 licenses have been issued! It is rumored that Grant County will begin issuing licenses this week, bringing the number to 8 counties in the state.

The state’s highest court will hold the hearing on October 23rd. The decision, handed down on Friday, comes after all 33 New Mexico county clerks took legal action to push the Supreme Court to weigh in on the legality of gay marriage.

New Mexico law doesn’t explicitly authorize or prohibit gay marriage. However, current and previous state attorney generals have said the law in effect bans same-sex marriage because state statutes contain a marriage license application with sections for male and female applications and other references to ‘husband’ and ‘wife.’

Unlike the district court ruling, a decision by the state Supreme Court will establish a statewide legal precedent and we’ll add one more state to the marriage equality column!

Rainbow Wally

Walmart is Officially Going to Hell

rainbow-wallySales must be suffering for Walmart to deliberately ruffle the feathers of its religious right supporters.

Thanks to the Affordable Care Act (Obamacare), staunchly anti-union mega employer, Walmart made an announcement that it will go ahead and extend benefits to same-sex partners of full-time employees.

Why are they doing this?  With slumping sales as most Americans are tightening their grip on their purse strings, more and more retailers are paying attention to the trends that show same-sex couples either out-earn or outspend opposite sex couples.

But at the same time, the company has stopped hiring full-time employees and is turning toward part-time or temp employees to fill job vacancies in most locations. This practice has brought the number of temps to nearly 10% of the workforce, a significant hike from the 1 to 2 percent Walmart stores employed before this year.

So a small percentage of lgbt families will benefit, but it’s a double-edged sword because it means you still work at Walmart, a company that employs more people than any other company in the US, yet the majority of its employees with children live below the poverty line. Employees on the average take home less than $250. A week. The salary for a full-time position (called an “associate”) is $6 to 7.50 an hour for 28-40 hours a week. One third and rising are part-time, limited to less than 28 hours of work per week, and are not eligible for benefits.

Although this gesture is not exactly a call to party in the streets, it is a strong indicator of the winds of change, and the promise of a hopeful future.

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There are lots of reasons why gay men and lesbians should use Rainbow Law to help them create vital legal protections:

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