There was a time, in the 1990s, when “boy bands” walked tall in the musical world. New stars with names like “BoyzIIMen” and “Backstreet Boys” and “*NSYNC” were everywhere to be seen, and positioned prominently within this firmament of stars was an Irish band, “Boyzone”. One of the five members of Boyzone’s most famous lineup, Stephen Gately, died over the weekend in Mallorca, aged 33, much to the dismay of the group’s fans and friends. Because Gately came out at the height of his career, and at considerable risk to his (and the group’s) “brand” prospects, the LBGT community is experiencing considerable dismay over the loss as well. Today’s story, however, isn’t about any of that. Instead, we’ll consider what’s likely to happen to Gately’s estate. The point of the exercise? With this being one of the most prominent deaths of a gay celebrity to occur since civil commitment came to pass, and with Mr. Gately being legally committed to husband Andrew Cowles at the time of his death, it seems like a good time to examine how the law responds to these situations in the UK—and how it could work in the United States.

The Wisconsin Dept of Justice (DOJ) filed its response brief yesterday to a constitutional challenge to Wisconsin’s same-sex marriage ban approved in a 2006 statewide referendum composed of two questions being considered by the Wisconsin Supreme Court in a legal challenge posed by civil rights advocates.

The case, William C. McConkey v. J. B. Van Hollen, challenges the anti-gay marriage referendum on several constitutional grounds, arguing that the state’s resulting constitutional amendment should be overturned.

Constitutional Amendment Referendum

The language of the 2006 referendum reads:

Shall section 13 of article XIII of the constitution be created to provide that only a marriage between one man and one woman shall be valid or recognized as a marriage in this state and that a legal status identical or substantially similar to that of marriage for unmarried individuals shall not be valid or recognized in this state?

Pride Month has come and gone, Gentle Reader, with no comment from this desk.

It’s not that I’m in some way insensitive to the subject; instead it’s more of a desire, once again, to stay off the beaten path.

And in that spirit, I do indeed have a story of Gay History...but it’s not from the Summer of ’69...instead, this story was already well underway before the Summer of ’29.

So put on something très chic and let’s head on over to Harlem...at the time of the Renaissance...because it’s time to meet Gladys Bentley.

As so often happens, I had no idea I would be writing a Gay History (HerStory?) story—and the funny thing is, it’s all Groucho Marx’s fault.

For those not aware, Groucho starred in what is now an ancient television game show, “You Bet Your Life”. The basic concept was that the guest would come on and demonstrate a talent, do a little comedic banter with Groucho, and then answer questions for money.

There is a newly released DVD set of episodes from the show, and I was watching the very first episode of the set...and along comes this woman who introduces herself as Gladys Bentley.

Update: Civil rights groups say Make Change, Not Lawsuits, explicitly discouraging a federal legal challenge. "The arguments in the briefs are not the only thing that influences the Court’s decisions. The climate of receptivity and momentum in the country on these issues matter as well. There is much we can and should do together to strengthen our hand before we put a federal marriage case before the justices," reads the question and answer online sheet.

This is a defensive, crouching strategy that argues before demanding civil rights for everyone, make sure its okay with the bigots first. Put another way, "This is no time to engage in the luxury of cooling off or to take the tranquilizing drug of gradualism," as MLK reminded us on one very special day.
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Moulin Rouge. The mention of that name, in the right circles, brings back a flood of associations. Among them: a famous cabaret in Gay Paree, a Nicole Kidman movie rich in costume and set design and…well, a movie, anyway; or, if you really know your films, perhaps the association is with the 1952 John Huston “biography” film of the same name. The one association that might not quickly come to mind, even though it should: ground zero in a battle that led to the desegregation of Las Vegas. Today’s story will fill in the blanks that you might have regarding that association—and by the time we’re done, we’ll have covered, just as we promised last time, the 55-year history of a place that began in 1955, lasted for not quite six months, and ended just last week…maybe. It’s another one of those American history stories you never heard before, and it’s well worth the telling…so let’s get right to it.
“Last year people won more than one billion dollars playing poker.
There may be no more recognizable icon of “Retro-Cool” than that photograph of the Rat Pack standing in front of the marquee at The Sands Hotel in Las Vegas. They’re right there, lined up in front of their own giant names on the marquee: Frank Sinatra, Dean Martin, Sammy Davis, Jr., Peter Lawford, and Joey Bishop. Night after night they would gather with friends such as Shirley MacLaine, Angie Dickinson, and Johnny Carson, to deliver some of the greatest nightclub performances in entertainment history. Today’s story, however, focuses on what happened after the show: when four of those five could leave the showroom, drink at the bar, gamble at the casino, and go upstairs to their rooms. In a town sometimes known as the “Mississippi of the West”, however, one of those five performers could not do any of those things. Our Journey In Two Parts literally crosses over to the “wrong side of the tracks”, tells a story of segregation overcome, and recounts the six-month history of a Las Vegas hotel that has a 55-year history: the Moulin Rouge.
“...We boast of the freedom enjoyed by our people above all other peoples.
Don't know what your living situation is, but a black man moves in a couple doors up and watch the property taxes in the hood move right on down.

Black people [depicted above-left from Google Images] are like magic this way; no way white guys can do that.

Reprinted below is a short column from last month, and mal invites members of my neighborhood association's newsletter—the Jamestown Neighborhood Association of Fitchburg, Wisconsin (bordering Madison)—to explain why they ran a house and street number in the Spring issue and accused the people there of being "uninvited ... drug dealers" and printing a less-than-convincing evidential basis for their conclusion. Do please post a comment below.

One day, the Equal Protection Clause will be sensibly applied to LGBT persons' right to marry.

The Equal Protection clause will be read to mean that denying a citizen the right to marry, in defiance of equal protection under the law, is about as sensible as the reasoning in Plessy.

Sounds like the California Constitution is ahead of the game in judicial policymaking on the national front and proposition 8 will be overturned.

Nationally the US Supreme Court will catch up one day.

The inequality is staring us in the face.

If we had to throw Brown v. Board of Education to a series of state referenda, who knows in how many states it would have passed.

Many today would still refuse to knock down the separate-but-equal pillar of American racism.

Trying to fathom the seemingly incomprehensible, protesters Saturday asked of gay marriage opponents: "What will they take from you?"

What they will take from the bigoted in the projection of hate and dehumanization that all bigots and ignoramuses share and lean on for meaning in their lives.

WTF is going on?

WASHINGTON – The extraordinary powers of customs and border agents to invade the privacy of individuals at the U.S. border are spreading inland and creating what amounts to a “Constitution-free Zone” that covers fully two-thirds of the American population, the American Civil Liberties Union said today in a press conference at the National Press Club in Washington, DC.

197.4 million people live within 100 miles of the U.S. borders, and the government has just assumed extraordinary powers to search U.S. citizens within these zones.

This is not tinfoil hat stuff. Look at the map (scroll down a little). Do you know what this means?

“In the United States, citizens are not supposed to need an internal passport,” said Steinhardt. “This is our country and we are free to go where we please, without being stopped and interrogated by the authorities, as long as we are not behaving illegally or in a way that is clearly suspicious.”
Update: GAB opinion for Milwaukee Election Commission: Database mismatch insufficient basis to challenge and/or disqualify voters. HAVA does not authorize changing voter eligibility because of database mismatches.
The GAB opinion is significant because the Wisconsin Republican Party has signaled that it will challenge Milwaukee voters on election day, and many Milwaukee minorities lack currently updated drivers licences.
Obama brought out 1,000s of casually political blacks in the February primary.
The GAB opinion runs counter to the legal complaint by Attorney General Van Hollen and the Wisconsin GOP that is being argued today.
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The legal fight that is being heard today before a Dane County judge will draw the eyes of the nation's voting rights community on the issue of voter suppression and how the Help America Vote Act (HAVA) should be used by states.

At issue:
Update: Breaking - High court rejects GOP bid in Ohio voting dispute. See also NYT editorial on ACORN. GOP just got its vote-suppressing arse handed to 'em. Wisconsin's Van Hollen to see a similar event next Thursday, October 23.
The GOP's corrupt usurpation of the legal system for partisan objectives is a disgrace.

The latest target is the ACORN political group whose only crime as an organization is registering low-income Americans to cast votes, a political crime against the Republican Party.

Practiced on both the national and state levels, the ongoing voter suppression operations of the GOP exercised in the capacity of state authority and in the naked partisan name of the GOP raises the spectre of Richard Nixon in using the government apparatus to suppress the political will of the American people.

Update: Montana GOP drops registration challenges
via mal contends - Today's NYT has a piece by Ian Urbina with the not reassuring news that Wisconsin Attorney General J.B. Van Hollen has plenty of company in using the Help America Vote Act (HAVA) to try to suppress voters.

On Monday, the Ohio Republican Party filed a motion in federal court against the secretary of state to get the list of all names that have been flagged by the Social Security database since Jan. 1. The motion seeks to require that any voter who does not clear up a discrepancy be required to vote using a provisional ballot.

The Wausau Daily-Herald has an excellent editorial wrapping up the case against J.B. Van Hollen as a partisan using the Attorney General's office in his voter suppression suit. Great stuff. 
Update: Link to additional brief filed by Milwaukee Branch of NAACP and the Milwaukee Teachers Education Association [reading is a breath of fresh air].
Seven civil rights and public interests groups submitted their amici curiae brief in support of the Wisconsin General Accountability Board's (GAB) motion to dismiss the Attorney General's legal petition endorsed by the Wisconsin Republican Party.

Voters' rights communities fear that the Wisconsin Attorney General would suppress voters in the presidential election, characterize the move as a continuation of the national GOP voter suppression effort, and see a corrupt use of the Attorney General's office for partisan gain.

The Brennan Center for Justice has just released its comprehensive report on massive voter purging, the practice of striking voters from voter rolls.

Download Executive Summary
Download Full Report

Wisconsin is fortunate in that the General Accountability Board has steadfastly refused to prematurely strike voters from its voting rolls, despite the GOP and Attorney General and McCain co-chair J.B. Van Hollen's efforts. In fact, the "Board also decided not to adopt a rule flagging voters on the poll list ...," much less striking a name from the voting rolls.

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