Because I’m spending the week with the Senate Judiciary Committee, this week’s contest will be the crusty old white men asking stupid questions of Elena Kagan.

Choice 1	Choice 2	Choice 3
Senator Jon Kyl of Arizona. Just when you thought racism couldn’t get any racismer, Kyl doubles down on attacking civil rights legend and brilliant legal mind Thurgood Marshall. I expect that tomorrow he’ll suggest Kagan is unAmerican for once driving a car made by “the Orientals” or something.	Senator Jeff Sessions of Alabama. He’s terrified of the gays and how they make fragile military recruiters feel like second class citizens. Once complained about people who “would rather defend the Constitution than protect our nation’s security.” … supporting and defending the Constitution … I guess everyone complains about having to do their jobs.	Senator Lindsey Graham of South Carolina. Poster boy for gayface. Now I’m not saying this unmarried Southern gentleman is a homosexual, but I am saying that when I heard him use the word “probative” I giggled.

To review the rules… You must choose one who you would spend the rest of your life with, one you would have a freaky-monkey one-night stand with, and one who you would put to death*. You tell me who you choose and why.

Bonus Round: Based on his tie selection for the hearings, which category would you place bipartisan-curious Senator Arlen Specter in?

*standard disclaimer: we are anti-death penalty, we play this game as a thought exercise, not an endorsement of murder. Also, we are sex-positive and believe that two people can have crazy one-time sex without shame or emotional baggage. Finally, for the purposes of this game, we all live in marriage equality jurisdictions.

My picks from last time:
Marry: Kristin. Sure, I like a bit of lezzie vibe in any girl I marry.
Fuck: Rutina. She’s hot. For a girl.
Kill: Anna. Ruined Rogue in the X-men movies. Not that interesting on True Blood.

ETA: For those who might be influenced by such things, Sen. Lindsey Graham said this week: “I know it’s really gonna upset a lot of gay men – I’m sure hundreds of ‘em are gonna be jumping off the Golden Gate Bridge – but I ain’t available. I ain’t gay. Sorry.”

Congrats, Salt Lake!

Pro-gay statutes win city, LDS nod
Surprise move » Parties met in secret to reach common ground.
By Matt Canham, Derek P. Jensen And Rosemary Winters
The Salt Lake Tribune

Hours after the LDS Church announced its support Tuesday night of proposed Salt Lake City ordinances aimed at protecting gay and transgender residents from discrimination in housing and employment, the City Council unanimously approved the measures.

“The church supports these ordinances,” spokesman Michael Otterson told the council, “because they are fair and reasonable and do not do violence to the institution of marriage.”

They also are consistent with Mormon teachings, he said. “I believe in a church that believes in human dignity, in treating people with respect even when we disagree — in fact, especially when we disagree.”

Normally more deliberate, the council opted to vote after dozens of residents in the overflowing crowd expressed their support.

“Guaranteeing a right to fair housing and fair employment is not an issue of compromise,” Councilwoman Jill Remington Love said. “We are a stronger, better city this evening. I’m proud to serve on a City Council where this isn’t even controversial.”

Congrats, Washington DC!

D.C. council committee approves same-sex marriage bill
by Tim Craig
The Washington Post

A DC Council Committee voted 4 to 1 this afternoon to send a bill legalizing same-sex marriage to the full council for debate.

Council member Phil Mendelson, chairman of the Committee on Public Safety and Judiciary, said the legislation was “both simple and monumental.”

With the committee vote, the full council will take up the bill in early December. It is expected to easily pass.

“We will get this to the mayor and Congress and it will become law,” said Council member Jack Evans (D-Ward 2).

Suck it, New York!

State Senate Delays Vote on Same-Sex Marriage Bill
By Jeremy W. Peters
The New York Times

The fate of same-sex marriage collided with the often-dysfunctional political process here on Tuesday as the State Senate delayed a vote on a bill that would make it legal for gay and lesbian couples to marry in New York.

After an entire day of deliberations, Senate leaders emerged from the governor’s office late Tuesday with only a vague agreement that the bill would come to a vote before the end of the year.

Gov. David A. Paterson had placed the bill on the agenda for an emergency session that convened Tuesday, and gay rights advocates had been aggressively lobbying for an immediate vote. But the legislation’s prospects have grown cloudier in recent days. Supporters have had difficulty securing the 32 votes they need for approval in the Senate, and a dispute between Mr. Paterson and legislative leaders over how to close a budget deficit that now exceeds $3 billion has held up votes on major legislation.

Mr. Paterson said he would continue negotiating with legislative leaders on budget cuts this week and would call lawmakers back to Albany on Monday and Tuesday of next week. He said he would again include marriage on the agenda, but it remained unclear whether the Senate would debate it next week or wait until later in the year.

“I think that the vote is closer than people think,” he said in an interview.

He added, “It is one of those rare types of legislation that you never know what people are going to do until it hits the floor.”

Seriously, New York, you’re going to be shamed on the queer equality political action by Salt Lake City? I know there’s a difference between nondiscrimination ordinances and marriage equality, but just for today… SLC Council bravery > NY Senate cowardice.

I don’t know if we learned much of anything about the stalemate, but it was fascinating discussion with competing interests, political philosophies and historical references that made the night very enjoyable. Also, I got to wear my new pinstripe suit.

The complete photo set on flickr

ETA: Liz Benjamin’s press coverage here and here.

Using my fancy law student (free) access to various legal databases, I’ve searched and found that if there were any court records from 1990 that proved Glenn Beck did or did not commit murder, manslaughter, or homicide in relation to a sexual assault involving a minor, they were likely sealed or possibly listed under an unknown legal alias. I’m sure that Beck’s legal team could clear up this whole nasty rumor by identifying and spreading the court documents (redacted to protect the identity of the dead underage rape victim, of course) which prove that Glenn Beck has never been convicted of this crime and any evidence suggesting that he is guilty does not rise to the requisite standard of proof beyond a reasonable doubt.

Nevertheless, I find it confounding that despite any clear and compelling proof that Glenn Beck had anything to do with raping and murdering a young girl in 1990 so many people are engaging in such wild conspiracy theory speculation. Just because you got an email suggesting that Fox News Host Glenn Beck raped and killed someone in 1990, or saw it referenced on a town hall poster, or some left-wing liberal media nutcase wants you to think Glenn Beck is responsible for the death and perverted violation of high school cheerleader to the tune of M.C. Hammer’s chart-topping “U Can’t Touch This”, that doesn’t mean you should believe it without solid and independently verified evidence. Perhaps factcheck.org could put out an alert letting people know there is no reason to believe that Glenn Beck raped and murdered anyone in 1990.

* On the off chance you didn’t get it, this is, of course, a parody of the sort of disinformation/innuendo/fear mongering that Beck uses to whip his base into a frenzy. I recognize that neither rape nor murder are joking matters (even if Beck disagrees), so I apologize if I have offended.

Now, I may not be a wise Latina (I wish!), but I’m pretty sure that if I’m ever faced with Senate confirmation hearings, the Republicans are going to have seizure-like fits over my record. That’s the danger, I suppose, of blogging and occasionally working as a spokesman for various organizations and causes. Nevertheless, I wonder which of my comments would cause the biggest fuss? Would it be something related to atheism and my occasionally less-than-charitable comments on religion? One of my angry editorials about anti-LGBT discrimination? My clearly articulated positions in favor of marriage equality, reasonable gun regulation, affirmative action, and abortion? One of my occasional overshares about my own sex life or simply my willingness to learn more and support people involved in polyamory, fetish/BDSM, sex work, and non-monogamous cultures? I’m sure there are many, many damning skeletons in my closet.

Hell, we’d probably run into our first hiccup when they asked me to take the oath at the beginning of the hearing: “Do you solemnly swear that the testimony you will give before this Committee on the Judiciary of the United States Senate will be the truth, the whole truth, and nothing but the truth, so help you God?” “No, I swear no oath and recognize no god, but I will gladly affirm such on my honor.”

Watching Senators Sessions, Kyl, and Graham work themselves up into a frenzy of righteous indignation over Sotomayor’s steady, moderate, and relatively uncontroversial remarks about diversity of perspective or her association with a civil rights group… well, I almost wish it were me up there instead. I’m pretty sure that they’d be purple with rage and dropping dead of heart attacks. And that would please me.

Okay, poodles, fess up… what would keep you from making it through a confirmation hearing intact? Do you think you’ve kept your nose clean enough to meet the standards of the U.S. Senate?

So, here are my unfounded theories about why she really threw a big temper tantrum and decided to quit:

• Six months ago, while putting lipstick on a pig for an attack ad, Sarah Palin was the first to transmit swine flu to humans. Sanjay Gupta is on to her and about to break the story.
• Sex tape with some guy named “Eskimo Bubba” about to go viral.
• Even with the decline of print journalism, governing simply ate up too much of her time for reading newspapers, since she famously reads “all of them.”
• Converting to Islam.
• This will free her up in time for that Dancing with the Stars: Ex-Governors Edition featuring Rod Blagojevich (IL), Jim McGreevey (NJ), Eliot Spitzer (NY), Mark Sanford (SC) and (look for the scandal that will free him up before 2010) Arnold Swartenegger (CA)!
• Tell-all book from former Miss Alaska judge about to spill beans on the secret of her nickname (“they called her barracuda because she’d swallow anything!”).
• Resigning? What? No, you clearly misunderstood. On Tuesday, she’ll give a speech where she clarifies that this crazy rumor that she’s quitting the governorship is a crazy lie made up by the elite liberal media.
• You heard her talking about having a “higher calling” … get ready for Pope Sarah!

What are your theories?

According to the Inclusive ENDA campaign (you can look up your state, too), here are the current details:

Definitely Yes
Steve Driehaus
Charles A. Wilson
Marcy Kaptur
Dennis J. Kucinich*
Marcia L. Fudge
Mary Jo Kilroy*
John A. Boccieri
Zachary T. Space

*co-sponsor

Probable Yes
Betty Sutton
Tim Ryan

Undecided/Unknown
Steve Austria
Patrick J. Tiberi

Probable No
Jean Schmidt
Michael R. Turner
Jim Jordan
Robert E. Latta
John A. Boehner
Stephen C. LaTourette

Nationally, we need another 25 Representatives in the probable/definite “yes” category to move the inclusive ENDA.

Please do your part to move your elected officials into the yes columns. The big battle will be convincing the Senate to get off its ass and actually vote on the legislation, but we can’t drop the ball on the House of Representatives.

When you write or call your elected officials, be sure to specify that you’re asking them to vote “yes” on the Employment Non-Discrimination Act, H.R. 3017. Don’t be afraid to ask them how they intend to vote. For more information on the steps to passing ENDA.

ETA: Y’all might as well get used to this, ENDA is my personal highest priority in Congress (unless someone actually does introduce an omnibus bill), so I’m going to be posting about it very regularly.

Some of the issues that have me writing:

• Statewide (Ohio):
  • Library Funding cuts in Ohio.
  • Equal Housing and Employment Act (urgent calls for support on this bill).
• National, contact both Representatives and Senators:
  • Employment Nondiscrimination Act (introduced today! And fully inclusive!).
  • The Ending Health Disparities for LGBT Americans Act (also introduced today!).
  • The Uniting American Families Act (addressing one of the most heartbreaking aspects of current immigration inequality of LGBT families).
  • Military Readiness Enhancement Act of 2009 (repeal Don’t Ask, Don’t Tell).
• National, passed in the House, awaiting action in the Senate:
  • The Matthew Shepard Act (hate crime legislation).
• National, not yet introduced in either the House or Senate:
  • Legislation to repeal the 1996 Defense of Marriage Act.
• Waiting for specific legislation, but expressing my thoughts:
  • Health Care Reform, including support for a public option and elimination of “pre-existing condition” exclusions in private insurance.
  • Student Loan programs – I support expanding the programs, but only if we can also strengthen repayment programs that take into account economic realities (i.e. loan forgiveness for public service, income-based repayment, etc.).

There are, of course, many other issues that matter to me, but these are those that have me concerned enough to take the time to contact my elected officials. I encourage you, too, to help support these bills.

It’s been fun getting replies back from my elected officials, too. For example, Ohio Senator Sherrod Brown (D) wrote in response to my letter about health care reform:

Thank you for expressing your concerns regarding the state of the American health care system.

The Senate is currently examining many issues relating to health care reform. I appreciate the input I have received from you and other Ohioans on this issue.

Health care reform is desperately needed in this country. While costs mount for those with health care plans, 50 million Americans remain uninsured and millions more are underinsured. I strongly believe that our health care system is in need of reform that reduces the long-term growth of health care costs for business and government; protects families from bankruptcy or debt because of health expenditures; guarantees choice of doctors and health plans; invests in prevention and wellness; improves patient safety and quality of care; assures affordable, quality health coverage for all Americans; and ends barriers to coverage for people with pre-existing conditions.

One promising solution to the problems of cost, quality, and access that plague our health care system is to increase competition in the health insurance market. If the private insurance industry was truly competitive, then there would be strong incentives to provide coverage to as many Americans as possible and to build customer loyalty through cost savings and quality improvements. Unfortunately, insurers do not truly compete against one another; instead, they make use of the same basic strategies to earn significant profits. These tactics include selectively insuring the lowest risk enrollees, slow-walking claims payments so they can earn interest on every premium dollar, and denying as many claims as possible.

What the insurance industry needs is some healthy competition from a public insurance option. This option would not replace employer-sponsored coverage; it would simply give uninsured or underinsured Americans the choice of enrolling in an insurance plan that does not engage in the same cost-avoidance tactics as private insurance plans do. The public insurance option would also be a vehicle for quality, coverage, and provider access improvements that set the bar higher for private insurance plans.

Thank you again for getting in touch with me on this matter. As work on health care reform continues in Congress, I will be sure to keep your views in mind.

Thank you, Senator Brown, for supporting a public insurance option!

I’m not an Obama apologist. I’m just not that guy who lets someone off the hook for bad decisions on LGBT issues. I’m still boycotting Coors. And don’t you dare ask me to donate to the HRC.

And yet, the thoughtful analysis of the DOJ brief I’ve read has me convinced that the Obama administration didn’t call me a child rapist. Did the DOJ brief go too far in defending a noxious and unforgivable law from the Clinton administration? Probably. Did it compare same-sex marriage to incest and pedophilia? No.

Similarly, has Obama made mistakes with the queer community? Absolutely. From Rick Warren at the Inauguration to his silence on marriage equality; from his failure to move on Don’t Ask Don’t Tell to his administration’s tendency toward secrecy on timelines and strategies for achieving the LGBT-rights related campaign pledges. None of these are things I’m willing to die on the sword over.

But, Obama has also done some good things. He has appointed gay and lesbian folks to important and high-ranking government positions. He has extended domestic partner benefits for some federal employees. He issued a fantastic proclamation for Pride Month (becoming the first president to mention bisexual and transgender people). Just today, the White House began pushing to count legal same-sex marriages on the 2010 census.

Yes, I called these things crumbs yesterday, but they are tasty crumbs. Perhaps I’ll make a casserole.

My anger and frustration isn’t so much pointed at the figurehead of Obama, but rather at the liberal leadership of this country as a whole.

I don’t measure progress by the five months since Obama took office, but in the 39 years, 11 months, and 23 days since Stonewall. Under that standard, the federal government has failed to do anything worth celebrating.

It’s not just that Obama has done too little, it’s that the Federal government has yet to pass a single piece of anti-discrimination legislation for LGBT people in the 35 years, 1 month, and 6 days since Reps. Abzurg and Koch introduced the first queer nondiscrimination bill in Congress.

I’m not upset because the Obama administration hasn’t explained why they haven’t ended the ban on HIV-positive immigrants since the Bush Administration first announced that officials would be looking to revise the law, but because 29 years, 1 month, and 27 days (and an estimated 583,298 deaths) after the first reported case of AIDS in the United States we still have laws that stigmatize people with HIV.

I am upset that Obama has avoided taking on Don’t Ask, Don’t Tell, but I’m more upset that there are still people who are afraid to dismantle an offensive and blatantly bigoted policy 16 years, 4 months, and 22 days after it was signed into law as a “compromise” by a Democratic President with a Democrat majority in Congress.

I am upset that the President and most high-ranking Democrats don’t support marriage equality, despite the recent and many advances in this area, but I’m more upset that no one in either the executive or legislative branch seems to have any concrete and real plan to repeal one of the most offensive pieces of U.S. law since the era of Jim Crow in the 12 years, 8 months, and 30 days we have lived under the toxic Defense of Marriage Act.

So, yes, I’m boycotting the Democratic National Committee. I’m not donating time or money to any candidate for any office who doesn’t stand for immediate and complete legal equality for LGBT people. Nor will I vote for any incumbent who hasn’t taken direct action to achieve that end. I will not choose the lesser of two evils, I will choose to vote my conscience.

It’s not Obama and his promises, it’s about the history of a movement that extends back beyond my birth.

I still support the President on health care, the economy, judicial appointments. I still disagree with the President on torture prosecutions, the war in Afghanistan, domestic surveillance and privacy, and transparency backpedaling.

So I won’t be jumping on the big homo bandwagon that is ruing the day they ever supported or voted for Obama. I’m not interested in burning him in effigy. I am interested in continued pressure to act and move forward in larger and more significant ways.

ETA: I guess what I’m trying to say is that I don’t want to make the queer rights movement all about Obama. There are plenty of leaders who need to be held accountable, and placing the blame of every delay or disappointment at his feet is neither fair nor helpful.

Of the three of us, only one currently has health care insurance. Those without health care engaged in this kind of speculative group diagnosis because we were afraid of going to a doctor and having something recognized by a medical professional and becoming a “pre-existing condition.” The one of us who does have health insurance still finds the co-pays prohibitively expensive and struggles to keep prescriptions and care up-to-date in a system that severely limits their choice in doctors, brands, and treatment.

None of this is a recipe for healthy living. I wonder how much better off we would be if, instead of swapping folk wisdom about inexpensive treatments for lay-diagnosed conditions, we could just go see a doctor.

I’ve had three health insurance plans as an adult. They all sucked. In San Francisco, unless I was in an ambulance and the medics felt that I must get to the nearest possible ER, I had to ignore the hospital that was two blocks from my home in favor of the one that was 3 miles across town. When I was having a mental health crisis many years ago in Las Vegas, my insurance carrier allowed me 4 (four!) appointments with a counselor before they told me to pick up the bill. How well do you think you can get with four psychiatric appointments per year? And this is the choice that Republicans and some Democrats are fighting to preserve? Fuck that noise.

I have no love for the private sector health insurance system. I also recognize the critical failings of a system where the uninsured are afraid to seek diagnosis. Which is why I’m writing my Representatives and Senators in Congress and asking them to support a public option for health care reform. Only a massive grassroots call for action has any chance of overcoming the deeply entrenched insurance lobby. Please contact your elected officials asking them to support a public option for health insurance.