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10 years later, Goodridge decision still seen as milestone

Advocates see path for nationwide marriage equality in another decade

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Mary Bonauto, GLAD, gay news, Washington Blade
Mary Bonauto, gay news, Washington Blade

Mary Bonauto litigated the case that brought marriage equality to Massachusetts 10 years ago. (Washington Blade photo by Michael Key)

Ten years have passed since marriage equality came to the first state in the nation following a historic decision by the Massachusetts Supreme Court, helping to usher in swift change in attitudes and law around gay and lesbian couples.

On Nov. 18, 2003, the Massachusetts Supreme Court handed down a 4-3 ruling in the case of Goodridge v. Department of Public Health, bringing marriage equality to the Bay State.

ā€œThe question before us is whether, consistent with the Massachusetts Constitution, the Commonwealth may deny the protections, benefits, and obligations conferred by civil marriage to two individuals of the same sex who wish to marry,ā€ the decision states. ā€œWe conclude that it may not. The Massachusetts Constitution affirms the dignity and equality of all individuals.ā€

Despite efforts from then-Gov. Mitt Romney to limit the ruling to civil unions and enact a constitutional amendment to rescind the decision, supporters of the ruling won the day and marriage equality has remained the law of the land in Massachusetts.

Mary Bonauto, who litigated the Goodridge case on behalf of Gay & Lesbian Advocates & Defenders and now serves as civil rights director there, said on the 10th anniversary of the decision the ruling “broke a historic barrier that we have never been able to overcome.”

“And it did so in the shared values of our constitution that we all believe in equality and we don’t have second-class citizens in this nation under the law,” Bonauto said.

The magnitude of the decision was bolstered, Bonauto said, six months later by the same-sex couples who went to the altar to marry.

“Now you had principle and you had reality working together, and all this freedom and equality from the court, and the you saw the joy in couples who finally were able to marry,” Bonauto said. “I think actually having couples marry was profound. It had to happen somewhere, somebody had to be first.”

Evan Wolfson, an early proponent of marriage equality and current president of Freedom to Marry, said having same-sex marriage legal someplace in the country was transformational for the movement.

“The breakthrough we were always working for in those early years was to make it real somewhere because we knew that once people had a chance to see with their own eyes families helped, and no one hurt, the opposition and resistance and fears would begin to subside, and we could build on that win to the rest of the wins still needed,” Wolfson said.

But the victory in Massachusetts, followed by then-San Francisco Mayor Gavin Newsom’s decision to distribute marriage licenses to gay couples, was met by a significant roadblock in the 2004 election when 11 states adopted constitutional amendments banning same-sex marriage. President George W. Bush won re-election after making support for a U.S. constitutional amendment banning same-sex marriage a prominent part of his campaign.

Pointing to political analysis debunking the notion that the marriage issue drove voters to the polls to re-elect Bush, Bonauto expressed skepticism that the ruling led to the win for Republicans in the 2004 election.

“The way this all got started, I think, people were putting two-and-two together about moral values, and the 22 percent of voters had stated that their most important consideration was ‘moral values,’ and the 11 amendments,” Bonauto said. “In the exit polling and so on about what this moral values means, for a great many people it meant the Iraq war. So it wasn’t even clear that the moral values voters were Bush voters.”

Bonauto said when she filed the case in 2001, 36 states already had statutory bans on same-sex marriage in response to advancing efforts to legalize same-sex marriage in Hawaii in the 1990s.

“From my perspective, it wasn’t really so much a backlash as a continued lashing,” Bonauto said. “People who had already taken steps to be very explicit about marriage bans, the only place they could go, continue to hone their political credentials, was to be even more draconian, and so that’s what happened by and large.”

Referencing a speechĀ he delivered prior to Election Day of that year,Ā Wolfson said the win in Massachusetts still trumped the losses at the ballot box in 2004 because it was still progress from the status quo.

“Even in 2004, I was on record before the election as saying that any year in which we endured some anti-gay attacks, but won marriage was a winning year because wins trump losses,” Wolfson said. “We would use the power of the win to overcome the temporary barriers erected in our losses, and that’s precisely what we are doing.”

It wasn’t until 2008 when other states would follow suit after courts in Connecticut and California ruled in favor of marriage equality, although the victory in California was (until recently) abrogated several months later by the passage of Proposition 8.

Now 16 states and D.C. are poised to have marriage equality on the books in the same year that the U.S. Supreme Court struck down Section 3 of the Defense of Marriage Act, which prohibited federal recognition of these unions.

The ruling against DOMA at the Supreme Court was coupled by a decision from justices that restored marriage equality to California. In the months that followed, the New Jersey Supreme Court has instituted marriage equality in the Garden State and state legislatures in Illinois and Hawaii have extended marriage to gay couples. At any time, the New Mexico Supreme Court could hand down a ruling in favor of marriage equality as a result of pending litigation.

M.V. Lee Badgett, research director at the Williams Institute, estimated about 100,000 gay couples have married since the Goodridge decision 10 years ago, but the effect of having marriage equality in Massachusetts and other places goes far beyond numbers.

“It will take a while for researchers to analyze and publish more detailed findings on the effects of the ability to marry and of actual marriage,” Badgett said. “One early study showed that same-sex couples in Massachusetts feel more social inclusion, and one sample of gay men showed lower health care costs and health care utilization. In California we’ve seen that psychological health is better for same-sex couples who marry or had domestic partnerships.”

Wolfson said the growth of marriage equality in the country is noteworthy in many respects, including in terms of percentages.

“As we celebrate the end of this big year, we now have 38 percent of the American people living in a freedom to marry state, up from zero a decade ago,” Wolfson said. “Gay people can share in the freedom to marry in 18 countries, in five continents, up from zero virtually a decade ago. That, by any standard, is enormous progress and real momentum, but we have to finish the job.”

Reflecting back on the decision 10 years ago, Bonauto said she hoped at the time this much change would happen a decade later, but confessed “there were times that I certainly wasn’t sure.”

“I had always hoped that the arc for us would be what it was in some ways for interracial marriage, where courts rebuff and rebuff and rebuff, and then in 1948 the California Supreme Court struck down the interracial marriage ban,” Bonauto said. “More states repealed those after the California ruling, so that 19 years later when the Supreme Court decided Loving v. Virginia, Virginia was only one of 16 states that had such bans.”

During a news conference held on the same day as the 10th anniversary of the Goodridge decision, White House Press Secretary Jay Carney also noted progress made in the past decade in response to a more general question on LGBT rights.

“I think that anybody who looks at LGBT rights and the road travelled in this country just in the past decade would rightly be pleased by the significant progress thatā€™s been made, even as we acknowledge that more work needs to be done, more progress need to be done,” Carney said.

Carney later told the Blade via email he wasn’t making a direct reference to the Goodridge decision, but his comments were meant “just as a broad reference to the progress made over the last decade.”

And hopes continue for a brighter future as advocates anticipate one of the pending federal lawsuits in 20 states across the country will make its way to the Supreme Court, delivering a ruling in favor of same-sex marriage nationwide in less than 10 years. Following the Supreme Court rulings in June,Ā Chad Griffin, president of the Human Rights Campaign, said marriage equality will reach the entire nation within five years.

Bonauto said she hopes the Supreme Court will settle the marriage issue once and for all, but isn’t completely sure which way the justices would rule and emphasized hard work is necessary for a favorable outcome.

“I think we have to work with the same intensity that we have up to this point and hopefully the Supreme Court will settle the issue, and then if for some reason it does not, which I think would be extremely unfortunate, I just think we have to continue doing what we’ve been doing state by state,” she said.

Freedom to Marry has prepared a “Roadmap to Victory” in anticipation of a Supreme Court decision that entails winning more states and building support for same-sex marriage in nationwide polls. Eyes will be on Oregon in 2014 to see whether it will reverse a constitutional ban on same-sex marriage at the ballot.

Wolfson said he “absolutely” believes that supporters of same-sex marriage will be able to finish the job.

“The good news for us is the same winning strategy that brought us to this point of momentum is the strategy that is going to bring it all home,” Wolfson said.

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South America

Argentina government dismisses transgender public sector employees

Country’s Trans Labor Quota Law enacted in 2021

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Sofia Diaz protests her dismissal from her job at Argentina's National Social Security Administration. (Photo courtesy of Sofia Diaz)

Protests have broken out across Argentina in recent weeks after the dismissal of transgender people from their government jobs.

President Javier Milei’s action is in stark contract with the progress seen in 2023, where the government’s hiring of trans people increased by 900 percent within the framework of the Trans Labor Quota Law that had been in place since 2021. 

Among those affected is Sofia Diaz, a “survivor” who shared her testimony with the Washington Blade hours after she traveled from Chaco Province to Buenos Aires to protest her dismissal.

Presentes, an LGBTQ news agency, reported the government dismissed more than 85 trans employees in less than two weeks.

Diaz, 49, holds a degree in combined arts. She joined the National Social Security Administration (ANSES) in 2022 under the Trans Labor Inclusion Law. The layoffs began in January and left many people feeling uncertain and anguished. It was her turn a few days ago.

Diaz in an interview recounted how the situation became progressively more complicated, with difficulties in accessing information about her employment status and the eventual confirmation of dismissals through WhatsApp messages. This government action, according to Diaz, violates the law.

“We were on a Friday, I think on March 24, in the office and we have a WhatsApp group of other colleagues from all over Argentina who entered through the trans labor quota and they tell us if we can get our pay stubs on the intranet,” Diaz recalled. “So, I tried to enter, I could not, I talked to two other colleagues and they told me no, they could not, and so we went to another person. He couldn’t either.”

“Some people told us that it could be a system error. Well, we were never calm, let’s say not how this issue of installing fear and the perversion with which they do it ends,” she added. “This sadism of … inflicting pain and speculating with your misfortune and so on … is something that characterizes Javier Milei’s government.”

Diaz recalled a list of those dismissed from the agency began to circulate from the union in the afternoon. A colleague passed it on to her, “and well, unfortunately I was also on that list.” 

“At that moment the whole weekend went by with anguish, crying, and talking with other colleagues from other places, not only trans, but everyone, everyone and everyone,” she said. “On Monday when we went to try to enter, we could not enter with the biometric, which is the thumb we had to use every morning to enter.”

Despite the difficult moment through which she is going, the trans activist stressed to the Blade that she will continue protesting and will even sue the government because her dismissal is illegal and “violates the constitution itself.”

The LGBTQ community and its allies have mobilized and organized demonstrations, highlighting the importance of defending the rights won and fighting against discrimination and exclusion. Diaz emphasized the fight is not only for the people affected today, but also for future generations, saying the historical memory of the struggles for inclusion and social justice must be kept alive.

“The Argentine government thus faces a key challenge in human and labor rights, where public pressure and social mobilization can play a determining role in protecting the rights of LGBTQ+ people,” Diaz said. 

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District of Columbia

Catching up with the asexuals and aromantics of D.C.

Exploring identity and finding community

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Local asexuals and aromantics met recently on the National Mall.

There was enough commotion in the sky at the Blossom Kite Festival that bees might have been pollinating the Washington Monument. I despaired of quickly finding the Asexuals and Aromantics of the Mid-Atlanticā€”I couldnā€™t make out a single asexual flag among the kites up above. I thought to myself that if it had been the Homosexuals of the Mid-Atlantic I wouldā€™ve had my gaydar to rely on. Was there even such a thing as ace-dar?

As it turned out, the asexual kite the group had meant to fly was a little too pesky to pilot. ā€œHave you ever used a stunt kite?ā€ Bonnie, the event organizer asked me. ā€œI bought one. It looked really cool. But I canā€™t make it work.ā€ She sighed. ā€œI canā€™t get the thing six feet off the ground.ā€ The group hardly seemed to care. There was caramel popcorn and cookies, board games and head massages, a game of charades with more than its fair share of PokĆ©mon. The kites up above might as well have been a coincidental sideshow. Nearly two dozen folks filtered in and out of the picnic throughout the course of the day.

But I counted myself lucky that Bonnie picked me out of the crowd. If thereā€™s such a thing as ace-dar, it eludes asexuals too. The online forum for all matters asexual, AVEN, or the Asexual Visibility and Education Network, is filled with laments: ā€œI donā€™t think itā€™s possible.ā€ ā€œDude, I wish I had an ace-dar.ā€ ā€œIf it exists, I donā€™t have it.ā€ ā€œI think this is just like a broken clock is right twice a day type thing.ā€ What seems to be a more common experience is meeting someone you just click withā€”only to find out later that theyā€™re asexual. A few of the folks I met described how close childhood friends of theirs likewise came out in adulthood, a phenomenon that will be familiar to many queer people. But it is all the more astounding for asexuals to find each other this way, given that asexual people constitute 1.7% of sexual minorities in America, and so merely .1% of the population at large. 

To help other asexuals identify you out in the world, some folks wear a black ring on their middle finger, much as an earring on the right ear used to signify homosexuality in a less welcoming era. The only problem? The swinger communityā€”with its definite non-asexualityā€”has also adopted the signal. ā€œItā€™s still a thing,ā€ said Emily Karp. ā€œSo some people wear their ace rings just to the ace meet-ups.ā€ Karp has been the primary coordinator for the Asexuals and Aromantics of the Mid-Atlantic (AAMA) since 2021, and a member of the meet-up for a decade. She clicked with the group immediately. After showing up for a Fourth of July potluck in the mid-afternoon, she ended up staying past midnight. ā€œWe played Cards against Humanity, which was a very, very fun thing to do. It’s funny in a way thatā€™s different than if we were playing with people that weren’t ace. Some of the cards are implying, like, the person would be motivated by sex in a way that’s absurd, because we know they aren’t.ā€ 

Where so many social organizations withered during the pandemic, the AAMA flourished. Today, it boasts almost 2,000 members on meetup.com. Karp hypothesized that all the social isolation gave people copious time to reflect on themselves, and that the ease of meeting up online made it convenient as a way for people to explore their sexual identity and find community. Online events continue to make up about a third of the groupā€™s meet-ups. The format allows people to participate who live farther out from D.C. And it allows people to participate at their preferred level of comfort: while many people participate much as they would at an in-person event, some prefer to watch anonymously, video feed off. Others prefer to participate in the chat box, though not in spoken conversation.

A recent online event was organized for a discussion of Rhaina Cohenā€™s book, ā€œThe Other Significant Others,ā€ published in February. Cohenā€™s book discusses friendship as an alternative model for ā€œsignificant others,ā€ apart from the romantic model that is presupposed to be both the center and goal of peopleā€™s lives. The AAMA group received the book with enthusiasm. ā€œIt literally re-wired my brain,ā€ as one person put it. People discussed the importance of friendship to their lives, and their difficulties in a world that de-prioritized friendship. ā€œI can break up with a friend over text, and we donā€™t owe each other a conversation,ā€ one said. But there was some disagreement when it came to the bookā€™s discussion of romantic relationships. ā€œIt relegates ace relationships to the ā€˜friendā€™ or ā€˜platonicā€™ category, to the normie-reader,ā€ one person wrote in the chat. ā€œOur whole ace point is that we can have equivalent life relationships to allo people, simply without sex.ā€ (ā€œAlloā€ is shorthand for allosexual or alloromantic, people who do experience sexual or romantic attraction.)

The folks of the AAMA do not share a consensus on the importance of romantic relationships to their lives. Some asexuals identify as aromantic, some donā€™t. And some aromantics donā€™t identify as asexual, either. The ā€œAromanticā€ in the title of the group is a relatively recent addition. In 2017, the group underwent a number of big changes. The group was marching for the first time in D.C. Pride, participating in the LGBTQ Creating Change conference, and developing a separate advocacy and activism arm. Moreover, the group had become large enough that discussions were opened up into forming separate chapters for D.C., Central Virginia, and Baltimore. During those discussions, the group leadership realized that aromantic people who also identified as allosexual didnā€™t really have a space to call their own. ā€œWe were thinking it would be good to probably change the name of the Meetup group,ā€ Emily said. ā€œBut we were not 100% sure. Because [there were] like 1,000 people in the group, and theyā€™re all aces, and itā€™s like, ā€˜Do you really want to add a non-ace person?ā€™ā€ The group leadership decided to err on the side of inclusion. ā€œYou know, being less gatekeep-y was better. It gave them a place to go ā€” because there was nowhere else to go.ā€

The DC LGBT Center now sponsors a support group for both asexuals and aromantics, but it was formed just a short while ago, in 2022. The founder of the group originally sought out the centerā€™s bisexual support group, since they didnā€™t have any resources for ace folks. ā€œThe organizer said, you know what, why donā€™t we just start an ace/aro group? Like, why donā€™t we just do it?ā€ He laughed. ā€œI was impressed with the turnout, the first call. Itā€™s almost like we tapped into, like, a dam. You poke a hole in the dam, and the water just rushes out.ā€ The group has a great deal of overlap with the AAMA, but it is often a personā€™s first point of contact with the asexual and aromantic community in D.C., especially since the group focuses on exploring what it means to be asexual. Someone new shows up at almost every meeting. ā€œAnd Iā€™m so grateful that I did,ā€ one member said. ā€œI kind of showed up and just trauma dumped, and everyone was really supportive.ā€

Since the ace and aro community is so small, even within the broader queer community, ace and aro folks often go unrecognized. To the chagrin of many, the White House will write up fact sheets about the LGBTQI+ community, which is odd, given that when the ā€œIā€ is added to the acronym, the ā€œAā€ is usually added too. OKCupid has 22 genders and 12 orientations on its dating website, but ā€œaromanticā€ is not one of them ā€” presumably because aromantic people donā€™t want anything out of dating. And since asexuality and aromanticism are defined by the absence of things, it can seem to others like ace and aro people are ā€˜missing something.ā€™ One member of the LGBT center support group had an interesting response. ā€œThe space is filled byā€¦ whatever else!ā€ they said.  ā€œWeā€™re not doing a relationship ā€˜without that thing.ā€™ Weā€™re doing a full scale relationship ā€” as it makes sense to us.ā€

CJ Higgins is a postdoctoral fellow with the Alexander Grass Humanities Institute at Johns Hopkins University.

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Politics

After Biden signs TikTok ban its CEO vows federal court battle

ā€œRest assured, we arenā€™t going anywhere,ā€ CEO said

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TikTok mobile phone app. (Screenshot/YouTube)

President Joe Biden signed an appropriations bill into law on Wednesday that provides multi-billion dollar funding and military aid for Ukraine, Israel, and Taiwan after months of delay and Congressional infighting.

A separate bill Biden signed within the aid package contained a bipartisan provision that will ban the popular social media app TikTok from the United States if its Chinese parent company ByteDance does not sell off the American subsidiary.

Reacting, TikTok CEO Shou Zi Chew said Wednesday that the Culver City, Calif.-based company would go to court to try to remain online in the U.S.

In a video posted on the company’s social media accounts, Chew denounced the potential ban: ā€œMake no mistake, this is a ban, a ban of TikTok and a ban on you and your voice,ā€ Chew said. ā€œRest assured, we arenā€™t going anywhere. We are confident and we will keep fighting for your rights in the courts. The facts and the constitution are on our side, and we expect to prevail,ā€ he added.

White House Press Secretary Karine Jean-Pierre adamantly denied during a press briefing on Wednesday that the bill constitutes a ban, reiterating the administration’s hope that TikTok will be purchased by a third-party buyer and referencing media reports about the many firms that are interested.

Chew has repeatedly testified in both the House and Senate regarding ByteDance’s ability to mine personal data of its 170 million plus American subscribers, maintaining that user data is secure and not shared with either ByteDance nor agencies of the Chinese government. The testimony failed to assuage lawmakers’ doubts.

In an email, the former chair of the House Intelligence Committee, U.S. Rep. Adam Schiff (D-Calif.), who doesn’t support a blanket ban of the app, told the Washington Blade:

ā€œAs the former chairman of the House Intelligence Committee, I have long worked to safeguard Americansā€™ freedoms and security both at home and abroad. The Chinese Communist Partyā€™s ability to exploit private user data and to manipulate public opinion through TikTok present serious national security concerns. For that reason, I believe that divestiture presents the best option to preserve access to the platform, while ameliorating these risks. I do not support a ban on TikTok while there are other less restrictive means available, and this legislation will give the administration the leverage and authority to require divestiture.ā€

A spokesperson for U.S. Sen. Alex Padilla (D-Calif.) told the Blade: ā€œSenator Padilla believes we can support speech and creativity while also protecting data privacy and security. TikTokā€™s relationship to the Chinese Communist Party poses significant data privacy concerns. He will continue working with the Biden-Harris administration and his colleagues in Congress to safeguard Americansā€™ data privacy and foster continued innovation.ā€

The law, which givesĀ ByteDance 270 days to divest TikTokā€™s U.S. assets, expires with a January 19, 2025 deadline for a sale. The date is one day before Biden’s term is set to expire, although he could extend the deadline by three months if he determines ByteDance is making progress or the transaction faces uncertainty in a federal court.

Former President Donald Trump’s executive order in 2020, which sought to ban TikTok and Chinese-owned WeChat, a unit of Beijing-based Tencent, in the U.S., was blocked by federal courts.

TikTok has previously fought efforts to ban its widely popular app by the state of Montana last year, in a case that saw a federal judge in Helena block that state ban, citing free-speech grounds.

The South China Morning Post reported this week that the four-year battle over TikTok is a significant front in a war over the internet and technology between Washington and Beijing. Last week, Apple said China had ordered it to remove Meta Platformsā€™s WhatsApp and Threads from its App Store in China over Chinese national security concerns.

A spokesperson for the ACLU told the Blade in a statement that “banning or requiring divestiture of TikTok would set an alarming global precedent for excessive government control over social media platforms.”

LGBTQ TikToker usersĀ are alarmed, fearing that a ban will represent the disruption of networks of support and activism. However, queer social media influencers who operate on multiple platforms expressed some doubts as to long term impact.

Los Angeles Blade contributor Chris Stanley told the Blade:

“It might affect us slightly, because TikTok is so easy to go viral on. Which obviously means more brand deals, etc. However they also suppress and shadow ban LGBTQ creators frequently. But we will definitely be focusing our energy more on other platforms with this uncertainty going forward. Lucky for us, we arenā€™t one trick ponies and have multiple other platforms built.”

Brooklyn, N.Y.,-based gay social media creator and influencer Artem Bezrukavenko told the Blade:

“For smart creators it wonā€™t because they have multiple platforms. For people who put all their livelihood yes. Like people who do livestreams,” he said adding: “Personally Iā€™m happy it gets banned or American company will own it so they will be less homophobic to us.”

TikTokā€™s LGBTQ following has generally positive experiences although there have been widely reported instances of users, notably transgender users, seemingly targeted by the platformā€™s algorithms and having their accounts banned or repeatedly suspended.

Of greater concern is the staggering rise in anti-LGBTQ violenceĀ and threats on the platform prompting LGBTQ advocacy group GLAAD, in its annual Social Media Safety Index, to give TikTok a failing score on LGBTQ safety.

Additional reporting by Christopher Kane

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