LGBT rights

The 448’s war

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The 448’s war

news@sfbg.com

The Green Room of the San Francisco Veterans Building has been taken over for the night by the Sisters of Perpetual Indulgence, a charity organization that mashes Catholic imagery and drag, perhaps San Francisco’s most iconic gay group. But among the drag queens and leather daddies are military veterans in garrison caps and vests decorated with medals.

This is the Sister’s bingo night, an event to raise money for the various nonprofit organizations the order supports. Above the stage hangs the banner of the Sisters’ partner in the event: American Legion Post 448, also known as the Alexander Hamilton post.

It may seem like a strange partnership — drag nuns joining forces with the American Legion, the country’s largest veterans’ organization with 14,000 posts worldwide. The goals of the Legion are traditionally conservative: uphold the constitution, make national security the top priority, demand loyalty to the union, and "foster and perpetuate a 100 percent Americanism," according to its preamble. It even maintains a pseudo-military rank structure among its members.

But the partnership isn’t so strange. The 448 is the only Legion post in the nation for gays and lesbians who once served in the military. Its relationship with the Sisters is a "good partnership," as Assistant Sergeant-at-Arms Morningstar Vancil puts it, and a "win-win situation." The post runs the outside bar since city bingo rules don’t allow liquor during the game and the Sisters get the room at the vets’ reduced rental rate.

The bingo proceeds go to the Sisters’ charities while the proceeds from the bar go to Post’s causes, particularly its ongoing push to repeal the military’s long-standing ban preventing homosexuals from serving openly. Today, that cause seems more hopeful than ever considering that the current presidential administration has promised to bring the ban to an end.

"We should not be punishing patriotic Americans who have stepped forward to serve this country. We should be celebrating their willingness to show such courage and selflessness on behalf of their fellow citizens, especially when we’re fighting two wars," President Barack Obama said in his speech to the San Francisco Human Rights Commission on Oct. 10.

However, some of the post members are only cautiously optimistic about Obama’s promise after the long, tough climb just to establish a gay post in San Francisco.

EARLY DAYS


Noted gay rights activist and veteran Dr. Paul D. Hardman formed the post in 1984, naming it after Alexander Hamilton, who wrote affectionate letters to Continental Army Capt. John Laurens. A quote from one letter appears on the post’s Web site: "I wish, my dear Laurens, that it might be in my power, by action, rather than words, to convince you that I love you." Hardman and some historians have speculated on a homosexual relationship between the two.

Hardman needed at least 15 gay veterans to form the post and he got 18, including the late Marcus Hernandez, former leather columnist for the LGBT newspaper Bay Area Reporter. But acceptance was hard to get in the early days.

According to Arch Wilson, World War II vet and the oldest living founding member at 85, the post had a difficult time getting approved. During the approval process, the Legion stalled, losing applications and paperwork, which Wilson attributes to old-guard homophobia.

"They absolutely had no tolerance for homosexuals in their midst," Wilson said

At first, the 448 wasn’t even allowed in the Veterans Building. But they had a powerful weapon: the city’s nondiscrimination ordinances. Since the building was city property, the American Legion had to abide by the ordinances. The threat of a lawsuit was leverage enough to allow the Alexander Hamilton Post an office and its charter, but not a seat on the War Memorial Commission that ran the building. The 448 got a seat on the commission after taking the Legion to court in 1987.

According to Commander John Forrett, one of his predecessors had once been asked at a national Legion convention, "Oh, you’re from San Francisco. You’ve got that queer post, don’t cha?" And when a gay slur was uttered at a delegate meeting, the post again took the Legion to court. "Following that they haven’t dared mouth off any kind of venom about queers," Wilson said.

And while acceptance is more readily found today, there is still some resentment. "It shows through sometimes," Wilson said. "If you were a black man, you’d know when you were getting a subtle brush-off by a white who didn’t like you and wouldn’t dare say so."

Forrett agrees. "The clash still exists but it’s the old guard — the older veterans as well as older active duty members."

When called for comment, the national American Legion office said it didn’t even know a gay post existed. However, the American Legion’s Department of California — the state headquarters, which is located in San Francisco — told us that the 448’s sexual orientation just isn’t even an issue nowadays.

DON’T ASK, DON’T TELL


When Congress approved 10 United States Code, Section 654, commonly known as "Don’t Ask, Don’t Tell" (DADT) — the Alexander Hamilton Post had a new fight. Signed in 1993 by President Bill Clinton, DADT is the policy that allows homosexuals to serve as long as they stay in the closet. Since its inception, the 448 has fought aggressively to get it overturned.

The history of DADT is "kind of the history of the post," according to Forrett, who was a reserve Army officer living in the closet during the first Gulf War. Fortunately, his sexuality never came into question, but he eventually resigned his commission because of the unfortunate changes he saw in the military as a result of DADT.

"DADT, with the best of intentions, didn’t go far enough to protect and left a huge window of opportunity for predators and harassers," Forrett said.

Forrett has met two of the most prominent casualties of DADT: Lt. Dan Choi, who has since become a post member, and former sailor Joseph Rocha, who wrote an Oct. 11 Washington Post op-ed piece outlining the brutal harassment he received because of his sexuality. He wrote that his chief forced him to simulate oral sex with another sailor, and was once tied up in a dog kennel.

Since the mid-1990s, the 448 has sought to build support for repealing DADT. Hardman and others testified in Congress in 1996 on the damaging impact of the policy. He also pushed for the belated release of what he called the "long-suppressed" 1993 Rand Corporation study on gays in the military. The study’s conclusion was that sexual orientation wasn’t germane when deciding who can and cannot effectively serve in the military

The report spearheaded the post’s partnership with the Servicemembers Legal Defense Network (SLDN), a nonprofit organization helping those harassed under DADT. "The Alexander Hamilton Legion has been a longtime committed partner," Aubrey Sarvis, SLDN Executive Director wrote in an e-mail to the Guardian.

Post members attend SLDN’s Lobby Day, where supporters gather on Capitol Hill asking politicians to take action. And they continue to work with SLDN on getting the Military Readiness Enhancement Act — a bill that would repeal DADT — pushed through Congress.

But other post members are getting impatient. "Get on with it," Service Officer Robert C. Potter told us. "As my mother would say, ‘Either shit or get off the pot.’"

"Before Obama gets out of office, I want this changed," Sergeant-at-Arms Jimmy McConnell said. "And it’s not just for me. I want it for every person who feels that they are gay, bi, transgender, whatever."

However, Forrett is confident the president will make good on his promise. He feels that the president is going about it the right way by waiting for the next Congress. "Come on, man, 2010 isn’t that far," he said. "We’ve been suffering this long."

A NEW MISSION


When DADT is repealed, the post will work toward building a LGBT veterans’ memorial honoring those brave gay soldiers who gave their lives protecting their country. "For those who were before us, for those who are with us, and those who will come," Forrett said. "That’s kind of the concept. We want it to be an ongoing tribute."

In the meantime, the post continues to fight for veterans’ rights as well as LGBT rights, even bringing care packages to the wounded soldiers at the Fort Miley V.A. Hospital. "When we go to the V.A. hospital we don’t focus on LGBT, we focus on veterans," Forrett said.

And they’ll continue working with the Sisters of Perpetual Indulgence and marching in the Pride Parade because Forrett believes that everything the post does comes back to DADT. "It keeps us out in front of everybody and that’s what’s important."

The class of 2008: an agenda

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OPINION Every few years, San Francisco’s political landscape is remade. But we, the new arrivals of the Board of Supervisors’ Class of 2008, know that the last decade of district elections helped ensure that the supervisors truly represent our neighborhoods and our shared San Francisco values.

Despite various efforts by special interests to paint us as out of step with everyday San Franciscans, the very strength of our campaigns was that they were rooted in the lives of actual residents who understood the choices before them. We campaigned on the best of our experiences — neighborhood activism, labor and community organizing, running nonprofits and small businesses, and championing public education and police accountability.

Despite our different districts and diverse constituencies, we rallied voters around real San Francisco values — the faith in the role of government to protect the most vulnerable and bring forth justice and equity; the trust in grassroots democracy and neighborhood-based activism; the pursuit of a safe and clean environment and sustainable development; the belief in the sanctity of immigrant, labor, and LGBT rights; the dignity of working families, seniors, and people with disabilities; and the pursuit of housing justice and economic opportunity for all.

While the Class of 2000 paved the way on many of these progressive values, we enter public office ready to build on this foundation while rising to the new and enormous challenges of today. San Francisco is not just facing a fiscal crisis; we are facing a quandary in which city government cannot do all that it aspires to do.

Our agenda is no less ambitious for the crisis we are in. It is because of the crisis that we need to create opportunity, direction, and hope where there is violence, confusion, and despair. Our San Francisco values mean that we will tackle public safety by addressing the root causes of violence by seeking rehabilitation and restorative justice and push for real police reform by promoting the kind of community policing that is built on relationships between neighborhood residents and the police.

Our San Francisco values prompt us to make our city budget more transparent. We will initiate new programs only with the certainty that important services are not cut in the process. We will do our best to protect critical frontline city workers from privatization and layoffs.

We will work collectively to maintain the city’s commitment to its public schools; promote public transit; foster sustainable development and new affordable housing connected to green and well-conceived public infrastructure; promote community choice aggregation and public power based on renewable energy; support local businesses and the hiring of San Francisco residents; safeguard our sanctuary city to make sure that immigrants can live free from fear of ICE raids; and fight to keep our vital neighborhood services working and our parks, libraries, and senior centers thriving.

We are committed to ushering in a new tone of cooperation and unity in San Francisco. Despite the enormous challenges and contending political views within the city family, we will work to ensure that our neighborhoods always win out over special interests. After all, politics is about improving the lives of everyday people. We look forward to working with you in this noble effort.

Supervisor John Avalos represents District 11. Supervisor David Campos represents District 9. Supervisor David Chiu represents District 3. Supervisor Eric Mar represents District 1.

Limbaugh decries cops who want ‘special rights’

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Okay, so maybe that’s actually the phrase Rush Limbaugh uses to describe LGBT rights. But when the folks in law enforcement, mostly a conservative bunch, start demanding special treatment, shouldn’t conservative pundits hit the ceiling then, too? Of course not. That would alienate a significant portion of their listening audience.

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We’ve already written in the past about police in the state of California winning special protections against publicly disclosing their personnel records. But why should their salaries be kept secret also? And their badge numbers? And, the Contra Costa Times explains in that last link, their identities?

Being a cop is tough, yeah. Just read the thousands of pages of evidence filed in Superior Court for Dennis Herrera’s gang injunctions. They read like an episode of The Wire. (Seriously, we’re surprised more reporters aren’t pouring over those records. There’s a whole lot in there about local criminal activity you haven’t seen in the news, and this is the only time you’ll have public access to so many details of what the SFPD’s Gang Task Force is up to.)

But why should salaries be kept secret, particularly when the police union’s new contract has played such a significant role in this year’s local budget deficit? All those stories from Matier & Ross about how much it costs to provide a police presence at political demonstrations would just be ruined if the police had their way. The CoCo Times and the LA Times have already been through this battle with the state Supreme Court.

Is the police lobby really that strong in Sacramento?

Does it have to be a bloodbath?

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By Tim Redmond

Already, I’m hearing whistpers from both sides of the Leno-Migden contest, and already, they’re getting nasty. Mark Leno told me this week that he will run an upbeat campaign, and that any negative attacks on Midgen “won’t come from me.” I suspect I will hear the same from Migden. But it’s common in campaigns for elected officials to try to take the high road and let others — their allies and suppoerters — do the dirty work.

So queer/labor activist Robert Haaland is asking not only the candidates, but their supporters in the queer and progressive communities, to pledge to keep this fight out of the gutter. Here’s a piece he sent me; I think everyone ought to read it, take it seriously, and sign on.

Our community was divided. Our LGBT clubs were separated. The streets of the Castro were full of opposing forces and consternation. During the 2001-2002 campaign for the 13th Assembly District seat, we were split and it was a difficult time.

Following that election campaign, we made a decision to begin the process of healing those divisions. The leaders of the Harvey Milk LGBT Democratic Club and the Alice B. Toklas LGBT Democratic Club, and the leaders of the campaigns, met together to salve these wounds and form a new alliance. This was not easy. It took years and much work within each to heal, listen, understand, and move forward together.

In the years since that election, our community has been in a renaissance. Our two LGBT Democratic Clubs have worked together like never before. We have seen tremendous and amazing accomplishments through those efforts. Our coordinated efforts as a community in opposition to the statewide Special Election in 2005 are an astounding example of what we can do when we work together.

Additionally, as efforts have moved forward in the LGBT community on issues such as marriage equality on the stairs of our City Hall, opposing racial discrimination in the Castro, speaking out against anti-LGBT commentary from the news media about our LGBT families, supporting statewide efforts for the advancement of our LGBT rights, and stopping attacks from the right-wing on our community, we have been able to work side-by-side in a way that was unthinkable during the 2001-2002 campaign.

This newfound coordination and organization between our Clubs and within our community has been crucial in working for the betterment and strength of our community as a whole. And we will not allow this community to be torn asunder again. Our friendships are too strong now. Our knowledge of the power of our coordinated efforts and their success is too deep. And our realization that we can move beyond minor disagreements and continue forward as friends and colleagues and community brothers and sisters is definite.

As our community begins the process of working on the upcoming state Senate campaign for June of 2008, we will not allow this to break our bonds. We demand that the candidates in the race do the following:

–Pledge that there will be no negative campaigning, against each other or supporters on any side
–Pledge that they individually will work to strengthen our community’s ties with one another
–Pledge that they will not work to form wedges and divisions among us as a community
–Pledge that they will regularly form bonds with all sides in the campaign
–Pledge respect, honor, decency, and above all, civility, towards all parties

We also urge our community’s leaders to pledge that they do the same. Regardless of anyone’s personal affiliations during this campaign, we will continue to form our alliances and friendships and move this community forward together. We are not going back. We have too much to gain by moving forward together.

Lebanon calling

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› news@sfbg.com
About 300 people gathered in front of Sen. Diane Feinstein’s office in downtown San Francisco on July 27 to protest her support for what they — and the citizens of most countries around the world — criticize as unjustified aggression by the Israeli military against Lebanese civilians.
Organizers with the recently formed Break the Siege Coalition had Lebanese and Palestinian experts and eyewitnesses on the telephone lines, hoping to broadcast them to protesters over a sound system, but they were prevented by technical difficulties.
Instead, after listening to a series of speakers — including Todd Chretien, a Green Party candidate challenging Feinstein, and Krissy Keefer, another Green who’s vying for Nancy Pelosi’s congressional seat — demonstrators marched to Union Square and then the Chronicle — whose coverage the protesters criticize as biased toward Israel. Eight were arrested there for blocking traffic.
Paralleling the organizers’ efforts, the Guardian reached out to civilians still in Lebanon to get unfiltered perspectives directly from the ground. What we encountered was profound outrage and unprecedented support for Hezbollah. They say the international community has turned its back on them again.
“The level of destruction is incomprehensible,” said Ghassan Mankarem, a pro-democracy and LGBT rights activist experienced in humanitarian relief efforts who is now volunteering with the grassroots Sanayeh Relief Centre in Beirut. “What’s happening here is a systematic act of ethnic cleansing.”
As of July 30, 620 Lebanese — mostly civilians — had been killed since Israel began its onslaught July 12, according to official Lebanese government figures. That’s 12 Lebanese dead for each Israeli killed by Hezbollah rockets and gunfire.
The number of internal refugees was expected to reach one million before this issue of the Guardian went to print, according to Mankarem. Another 220,000 have fled to neighboring countries. Thousands more are trapped in their homes or nearby shelters, too afraid to flee.
The Israelis “are hitting anything they see,” reported Mankarem, including caravans of fleeing civilians and even “Red Cross ambulances and UN observers.” They’ve bombed the airport, reduced whole neighborhoods to rubble, targeted seaports, destroyed most major highways, and obliterated power plants — in one case causing an oil spill in the Mediterranean Sea that local environmental groups say is the worst ecological disaster in Lebanon’s history.
“On the radio, doctors are warning there is no more medicine, no more water, no more space in the hospitals,” wrote Raida Hatoum, an organizer with Najdeh, a women’s nongovernmental organization that works in Lebanon’s Palestinian refugee camps, in a July 24 e-mail to the Guardian. (Hatoum has no access to a phone). “Burnt and shredded bodies are still on the roads” in southern Lebanon.
The same day Hatoum typed those words, Human Rights Watch condemned Israel for using American “cluster munitions in populated areas.” Aid workers on the ground report seeing evidence that Israel has also been using bombs (again, provided or funded by the United States) containing white phosphorus — a chemical agent that burns through the skin, sometimes to the bone, as well as “vacuum” bombs and “bunker busting” bombs containing depleted uranium.
For the first time since World War I, “there’s a real fear of people dying of hunger,” Mankarem said. Israel has been blocking food and other basic necessities from entering the country and has bombed grain silos as well as Lebanon’s main milk production plant, he said.
While Sanayeh struggles to provide food, water, blankets, and medical care to an ever-growing number of refugees, it’s also scrambling to address the profound trauma suffered by Lebanese children.
“Ten percent of the refugees are under five years old,” Mankarem said, speaking to us by phone from the relief center. “Some of them have seen family members decapitated in front of them. Unfortunately, the position of the United States has been to send more missiles,” while vetoing United Nations Security Council calls for an immediate cease-fire. “People here are looking to the rest of the world and asking, why aren’t they doing anything about this?”
It’s the kind of scenario that gave rise to Hezbollah in the first place. And today it’s resulting in a widespread surge of support for the group. A whopping 87 percent of Lebanese — including, significantly, 80 percent of the Christians and Druze — support the resistance to Israel (synonymous with Hezbollah), according to a nationwide poll conducted by the Beirut Center for Research and Information. And that was before an Israeli bomb killed more than 60 civilians — including 37 children — as they slept in a bomb shelter in Qana.
“Had Israel not invaded Lebanon in 1982, there would be no Hezbollah,” said academic Rania Masri, a blogger and regular contributor to www.electroniclebanon.net. “Had the international community enforced UN resolution 425 [demanding Israeli withdrawal from Lebanon], there’d be no Hezbollah. Had the international community [acted more decisively during] Israel’s massive assaults on Lebanon in 1993 and 1996, there would be no Hezbollah…. This is the history that people need to understand. It didn’t begin on July 12 with Hezbollah’s capture of the two Israeli soldiers.”
Another fact not widely understood in the United States is that Hezbollah isn’t simply a militia or terrorist group: in many impoverished, largely Shiite areas — particularly in southern Lebanon and in the eastern Lebanese Bekaa valley — Hezbollah has provided schools, health care, and basic necessities where the central government failed to do so.
Secretary of State Condoleezza Rice tried to draw clear distinctions between Hezbollah and Lebanon’s “legitimate” government early in the conflict. But Hezbollah members are part of that government, and the two entities have each sought a cease-fire that the United States and Israel have rejected, claiming that Hezbollah must disarm.
“We get lectured all the time about democracy,” Mankarem said. “But whenever we make a democratic choice, we get punished.”
Many Lebanese insist they too have the right to defend themselves. And they view American collaboration as the result of a deep-seated racism that presumes that Arabs simply aren’t as valuable as Israelis.
Regardless of the reasons for the assault, one thing is certain: it is resulting in a sharp spike in anti-Israeli and anti-American sentiment, which isn’t making either country safer.
“Even if Israel and the US were to kill every member of Hezbollah, there’d be people to replace them,” Masri warned. “You cannot stop a movement for liberation.” SFBG

Panic mode

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› gwschulz@sfbg.com
If a gay man ever attempted to argue that he was forced to kill a straight woman because he feared she would make a pass at him, the judge, the jury, and the press would probably laugh him out of court.
But in at least a handful of cases across the country, criminal defendants recently have attempted to convince juries that they temporarily endured insanity after discovering their murder victims were lesbian, gay, bisexual, or transgender. It’s known as the “gay panic” courtroom strategy, and one man secured an acquittal in 2003 based on that tactic after he killed a gay Fulton County prosecutor in Atlanta.
Closer to home, four Bay Area murder suspects argued that they killed a transgender woman named Gwen Araujo in 2002 during bouts of insanity after discovering Araujo was a man who identified herself as a woman. One man charged with the murder accepted an early plea arrangement, while a second received a lesser sentence for revealing the location of Araujo’s body. In January, the remaining defendants were given sentences of 15 years to life. Nonetheless, attempts by her killers to secure reduced sentences by employing the strategy put Araujo’s own gender identity on trial.
“The arguments were coming out so vociferously when this seemed to be an open-and-shut case,” Chris Daley, director of the SF-based Transgender Law Center, told the Guardian. “I guess I was a little shocked this was happening in the Bay Area.”
While the “trans panic” defense ultimately failed to persuade a jury during the sentencing phase in the case of Araujo, the strategy’s startling success elsewhere reveals the truly daunting challenges queer activists continue to face despite what plenty of Americans believe is a widespread contemporary acceptance of LGBT rights.
Inspired by the discussion that followed the Atlanta case, San Francisco District Attorney Kamala Harris has organized a conference for July 20–21 to discuss the so-called panic defense. She’s invited a cross section of experts to speak, including Chris Lamiero, lead prosecutor in the Araujo case; civil rights attorney Gloria Allred; Dave O’Malley, a lead investigator in the Matthew Shepard case; and San Francisco police commissioner Theresa Sparks.
The private conference will be held at Hastings College of the Law beginning each day at 9 a.m. But a town hall meeting July 20 at 6:30 p.m. will be free and open to the public at the LGBT Center, 1800 Market.
Harris also invited to the conference two of the defense lawyers from the Araujo case, William Du Bois and Michael Thorman, a fact that might create a bit of tension in the room. But Harris isn’t worried.
“That’s why we’re doing this conference — to attack and discredit prejudice,” Harris told us. “It’s a matter of appealing to the biases of juries. What’s offensive about that is it justifies the existence of these prejudices.”
The conference comes on the heels of proposed state legislation authored by Assemblymember Sally Lieber (D–San Jose) that would revise jury instructions in an attempt to limit the effectiveness of gay panic defenses. The bill, AB 1160, has passed the Assembly and is now waiting in the Senate Appropriations Committee.
It’s going to be tough to fully bar defense lawyers from raising issues at a trial, and jury instructions alone may not erase the damage done by a lawyer throwing gay panic around the courtroom. But just raising national consciousness about the problem could have a significant impact.
Harris said her other motivation for forming the conference is the still-high rate of hate crimes in San Francisco.
“We have the second largest number of hate crimes in the state,” she said. “It felt like the time to do this.” SFBG

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