Jan 04

This article is part 5 in an 11-part series about the Ugandan anti-homosexuality bill of 2009, better know as the Ugandan kill-the-gays bill. The first 4 articles can be accessed at the following links:

Video (6 min):

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The U.S. has gotten more timid about demanding human rights around the world over the past 9 years. The Bush 43 administration outright committed human rights violations itself and allowed a significant increase in human rights abuses to go on widely with its isolationist policies.

Unfortunately, the Obama administration has been low-key about human rights so far. President Obama made a trip to China and human rights wasn’t a significant part of the agenda. China has improved on human rights issues compared to 50 years ago, but their progress is much slower than it should be.

One reason we may be timid about human rights in China is China owns such a huge chunk of U.S. debt. If they called our debt, they could bankrupt us. It is unlikely they would do that because all their assets in U.S. debt securities would be worthless, and they would lose the country who buys more from them than anyone else on the planet. That would bankrupt them. In that light, we should be less timid about direct human rights talks with China.

Nicholas Kristof is right that the President needs to use his influence around the world, and especially in East Africa where his father was from and where Obama’s own ancestral tribe resides. President Obama has more credibility and influence in East Africa than any president in our history. He should use it on human rights.

Melissa Harris-Lacewell is absolutely right that America sends hypocritical signals about homophobia. We are hypocritical that we treat LGBT people as second class citizens, and then demand Uganda not pass laws to discriminate against them and punish them harshly just for being LGBT.

But, just because America is struggling with the civil rights of a minority group does not mean we support felony criminalization of that minority group or harsh punishment of them. No matter how hypocritical America is about its treatment of its LGBT citizens, being LGBT is not illegal here. Rick Warren and The Family may be strongly anti-gay, but they don’t support such treatment of gays, even if they haven’t said so to Uganda.

The Family’s positions and beliefs have been influential in Uganda for over 20 years. U.S., Canadian and European aid has been going to Uganda and Sub-Saharan Africa longer than that. Yet Ugandan President Musevini is risking that essential aid by signing a bill such as Bill 18: The Anti-homosexuality Bill of 2009 into law. Losing aid will kill thousands of people a day from disease and hunger. If these fringe Americans can use their influence to cause such a human rights catastrophe, they can use their influence to avert it.

Congressman Anthony Weiner is right that the U.S. State Department and Ambassadors must be our official source of American policy positions. That U.S. legislators can take off on a plane and get in to see the leaders of developing countries, who view any visit from a U.S. government official as important, needs to be countered with immediate visits from the State Department to make sure actual U.S. policies are made clear no matter what any legislator says. We know these Evangelicals, Senators and Congressmen are extremist conservative ideologues (fringe-of-the-fringe right-wing nut-jobs). A small country in East Africa doesn’t know that and will take what is said as how all of America stands on any issue.

With the incoming younger generation and attrition of older, much more conservative citizens, LGBT civil rights and social acceptance is improving. It has a long way to go, but it has come a long way in a short time. I discuss the LGBT equality issue in detail in the article U.S. not really about equality.

Race and civil rights in America are similar to LGBT civil rights but much farther along legally and socially. Still, many non-whites experience different levels of discrimination every day. The situation is changing, but it still exists over 40 years after the passage of The Civil Rights Act of 1964. America made a quantum leap forward when we elected Barack Obama as President of the U.S. We’ve come a long way on race, but we still have a long way to go.

Like all sweeping civil rights changes, equal LGBT civil rights will have to come through the federal system and be upheld by the U.S. Supreme Court. The tide of history is turning rapidly, and I do not believe it will be many more years before same-sex civil rights are equal with opposite-sex civil rights in America.

The difference between what Uganda wants to do and what happens in the U.S. is the difference between violating human rights and arguing both for and against the civil rights of a minority group. The difference between them is as wide as the ocean between the U.S. and Africa.

The buck stops with the State Department. It is the duty of the State Department to speak for the U.S. and its policies throughout the world. Individual Senators and Congresspersons may interfere in foreign countries to the benefit of their personal beliefs, but the State Department must step up and visit the same leaders within a day to communicate America’s official position.

Part 6 is located at this link.

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Nov 07

Lesbians pause outside courthouse to celebrate their legal marriage

I am angry and sickened by Maine putting gay marriage rights on a ballot. They just became state number 31 to overturn equal marriage rights for same-sex couples in a popular vote, after those rights became law in that state.

How is it that gay civil rights are allowed to be put to a popular vote? How is this in any way legal? It is not legal. It is a direct violation of our Constitutional right to equal protection under the law. LGBT organizations are going about this issue completely the wrong way. This is a U.S. Constitution 14th Amendment issue.

Section 1. All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.– 14th Amendment, United States Constitution

If our civil rights can be decided by popular vote, and not by our right to equal protection under the law, why not put anyone’s civil rights to a popular vote? Because it violates the U.S. Constitution.

Why don’t gay and lesbian couples have the same right to equal protection under the law guaranteed in the 14th Amendment to the Constitution, including the equal right for two adults of the age of consent who are of the same gender to enter into the civil contract of marriage? Because we’re not really a country about equality in practice. We never have been.

We are a country full of bigots who will deny civil rights to any group we can until we are forced to stop denying those rights by the federal courts or by specific federal laws banning discrimination. When we obtain civil rights for one group, those rights do not carry over to the next group subject to the same discrimination (Gay marriage is similar to interracial marriage, see Loving v Virginia, 1967).

It seems in America no minority group has any civil rights until they are tested in the federal courts and the U.S. Congress. We’re supposed to be a country that guarantees equal rights to all, except we’re not. Any minority group discriminated against is automatically denied civil rights until the group wins a Supreme Court case protecting those rights, or Congress passes a law guaranteeing those rights. Our Constitution is essentially meaningless for minorities until it is enforced. Minorities must exercise their right to due process of law to receive the equal rights guaranteed in the same Constitutional Amendment.

Second Amendment rights don’t seem so tenuous. Anyone who carries a gun in accordance with the laws of the state in which they live cannot be stopped from carrying a gun. Gun laws are not discriminatory either. We saw that Constitutional Amendment exercised during the August town hall meetings on health care. Some who were licensed to carry guns, openly or concealed, brought them to town hall rallies and meetings, even one where President Obama was speaking. They were not permitted access to the President, but they were not removed from the rallies outside the buildings where the President was speaking. Why weren’t their guns taken away? Because of their 2nd Amendment rights to keep and bare arms. Why doesn’t the 14th Amendment have the same weight as the 2nd Amendment?

When are we going to start fighting for gay and lesbian equal rights on the civil rights battleground on which it belongs?

When are we going to demand our 14th Amendment rights the way others demand and exercise their 2nd Amendment rights?

Photo credit:  San Francisco Chronicle photo by Liz Mangelsdorf

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