Gay Men and Lesbians vs. Felons: Who Would You Rather Have in the Army?

I’ve actually been waiting for the spate of articles like this one. In order to meet recruiting goals, the armed forces are issuing increasing numbers of waivers, allowing convicted felons to serve in the military. These go to people convicted of everything from thefts, burlgaries and simple assaults on through sex crimes and manslaughter. We are assured this is okay, though.

At the same time, the military continues to discharge gay men and lesbians with perfectly good service records, even distinguished ones, because they are–well—gay men and lesbians. No waivers for them. Oh no. That might put us all in jeopardy.

I feel so much better now.

Texas Polygamy Case

For the last week or so there have been a whole series of stories about a police raid on a community of polygamists in Texas.   The most recent story from the New York Times is here, but there’s a ton of coverage anywhere.   The police have focused on allegations of child abuse which are apparently grounded in allegations that a number of young women under 17 have given birth in this community.

I’m not particularly a fan of teen-age pregnancy, but it’s not extraordinary in this day and age for women who are 16 to have children.   And many times in our history it would have been entirely unremarkable.   But of course, there is much more going on in this case than simple teen pregnancy.   One concern is that the men who fathered these children were significantly older than the women–perhaps as much as 30 years.   A second concern is that the religious sect involved was quite hierarchical.   Both of these factors might suggest that the women did not truly consent to sex/marriage.

Now I don’t actually know very much about what it might have been like to live in the community involved here, so I pass no judgment on the conditions there.   But it is striking to me that there is such care over the women’s capacity for true consent in this setting.   There are so many instances in which we seem much more willing to assume consent, even when confronted with ambiguous circumstances.

I’d guess the different reactions have to do with a couple of factors.   There’s a lot about the sect that seems alien to us.   In particular, it is a polygamous sect.  I wonder whether a general uneasiness about differentness in general and polygamy in particular leads us to be particularly skeptical about assertions of consent and free will.

Irish Lesbian Family is De Facto Family

An Irish court has recognized that two women raising a child together constitute a de facto family, entitled to legal recognition.   Significantly, the court seems to have used this principle to deny claims to access from the gay man who served as a known sperm donor for the couple.   It’s a bit hard to tell a lot from the brief news story.   And it seems a further appeal is likely.

And Then There Is Access to Divorce

For years lesbians and gay men have sought access to the right to marry.   To date, Massachusetts is the only state that provides this access.   (A number of other states have either civil union or domestic partnership laws that provide at least  some similar benefits.)   Here’s an article on an often under-appreciated aspect of access to marriage–access to divorce.   Right now a same-sex couple that gets married in Massachusetts might have a difficult time getting divorced anywhere other than Massachusetts.   Many states will not recognize a same-sex marriage and hence, will not grant a same-sex divorce.   And returning to Massachusetts for a divorce is not as easy as it sounds–there is a one-year residency requirement.

Transgender Inclusion?

Here is another instance in which members of the lesbian/gay community are offered a chance to obtain protective legislation only if they are willing to sideline the concerns of transgender people.   It’s the choice that was presented in the United States House of Representatives this year with the Employment Non-Discrimination Act (ENDA).    In that case the bill’s sponsors removed transgender protections in order to gain more support, only to lose the support of the vast majority of lesbian and gay rights organizations.

Marriage and Commerce

This recent New York Times article comes as no surprise–there’s a lot of money to be made in the same-sex wedding/union business.   I’ve always been partial to the idea that marriage is inherently conservative.   This article certainly suggests it promotes certain traditional forms of consumption.

Lesbian Couple at Alabama High School Prom

This is one of those “sign of the times” sort of stories.   Here’s a story about a couple of young women in Alabama who, after the intercession of a state court judge, attended their high school prom as a couple.   I cannot even tell you how amazing it is to me that these young women had the courage to attend their prom as a couple and that a state court judge in a generally pretty red state ordered that they be allowed to.    Even better, the girls’ mothers were obviously supportive.

It gives one hope.   The world does change.

Amazing Blog Resource

Thanks to the New York Times I have stumbled across a blog that is a terrific resource for LGBT history .   As more materials are digitized and added, this should be a great source for people all over the world.

Pregnant Transgender Man

Here is a story that has been ricocheting all over the web.   (I’ve linked to what I believe to be the original story in The Advocate.)    I’ve actually already blogged about this on my other blog.     But it’s worth commenting on here as well, perhaps for different reasons.

It’s pretty obvious why the story is so sensational–a pregnant man.  But read the story carefully and notice how many issues transgender people raise and have to confront in their lives.   For example, the couple is legally married in Oregon.   Now, like most states, Oregon restricts marriage  to different sex couples.    But Oregon also allows a person to change their legal sex, so this is a male/female marriage, hence lawful.    You wouldn’t get that result in all states.   Some states would view this as a female/female marriage and hence, unlawful.    (Those same states would insist the pregnant person is a woman, which might make the story far less remarkable.)

The story in all its complexity reveals a great deal about how much of our family law is tied to gender.    Thus, questions like “Can the person who gives birth give a father?” are earnestly discussed around the web.   It’s not sufficient that the person who gives birth will be a parent.

EU recognizes pension rights for surviving partner

A new case from the European high court recognizes the pension rights of a surviving partner.   The court considered it to be discriminatory to deny the pension if the relationship was essentially the same as a marriage.   Of course, this will make for interesting questions about what is “the same as” a marriage.  But it is an important decision that may lead to the extension of pension rights for a significant number of gay men and lesbians in the European Union.