Gay Primary Source

Monday, February 26, 2018

US Court Rules Civil Rights Act Protects Gay Workers

" Title VII’s prohibition on sex discrimination applies to any practice in which sex is a motivating factor. 42U.S.C.§2000e‐2(m). As explained above, sexual orientation discrimination is a subset of sex discrimination because sexual orientation is defined by one’s sex in relation to the sex of those to whom one is attracted, making it impossible for an employer to discriminate on the basis of sexual orientation without taking sex into account. Sexual orientation discrimination is also based on assumptions or stereotypes about how members of a particular gender should be, including to whom they should be attracted. Finally, sexual orientation discrimination is associational discrimination because an adverse employment action that is motivated by the employer's opposition to association between members of particular sexes discriminates against an employee on the basis of sex. Each of these three perspectives is sufficient to support this Court's conclusion and together they amply demonstrate that sexual orientation discrimination is a form of sex discrimination.

Although sexual orientation discrimination is “assuredly not the principal evil that Congress was concerned with when it enacted Title VII”, “statutory prohibitions often go beyond the principal evil to cover reasonably comparable evils.”... In the context of Title VII, the statutory prohibition extends to all discrimination “because of … sex” and sexual orientation discrimination is an actionable subset of sex discrimination. We overturn our prior precedents to the contrary to the extent they conflict with this ruling."

Chief Judge Robert Katzmann, United States Court of Appeals for the Second Circuit, February 26, 2018.

     click here to read the entire decision (and it's a great read)


Thursday, November 30, 2017

Trudeau's Complete Speech at Parliament

" Mr. Speaker –

One of the greatest choices a person can make in their life is the choice to serve their fellow citizens. Maybe it’s in government, in the military, or in a police force. In whatever capacity one serves, dedicating your life to making Canada – and indeed, the world – a better place is a calling of the highest order.

Now imagine, if you will, being told that the very country you would willingly lay down your life to defend doesn’t want you. Doesn’t accept you. Sees you as defective. Sees you as a threat to our national security.

Not because you can’t do the job, or because you lack patriotism or courage – no, because of who you are as a person, and because of who your sexual partners are.

Now imagine, Mr. Speaker, being subjected to laws, policies, and hiring practices that label you as different – as “less than”.

Imagine having to fight for the basic rights that your peers enjoy, over and over again.

And imagine being criminalized for being who you are.

This is the truth for many of the Canadians present in the Gallery today, and those listening across the country.

This is the devastating story of people who were branded criminals by the government. People who lost their livelihoods, and in some cases, their lives.

These aren’t distant practices of Governments long forgotten. This happened systematically, in Canada, with a timeline more recent than any of us would like to admit.

Mr. Speaker, today we acknowledge an often-overlooked part of Canada’s history. Today, we finally talk about Canada’s role in the systemic oppression, criminalization, and violence against the lesbian, gay, bisexual, transgender, queer, and two-spirit communities.

And it is my hope that in talking about these injustices, vowing to never repeat them, and acting to right these wrongs, we can begin to heal.

Since arriving on these shores, settlers to this land brought with them foreign standards of right and wrong – of acceptable and unacceptable behaviour. Suitable and unsuitable partnerships.

They brought rigid gender norms – norms that manifested in homophobia and transphobia. Norms that saw the near-destruction of Indigenous LGBTQ and two-spirit identities. People who were once revered for their identities found themselves shamed for who they were. They were rejected and left vulnerable to violence.

And discrimination against LGBTQ2 communities was quickly codified in criminal offences like “buggery”, “gross indecency”, and bawdy house provisions.

Bathhouses were raided, people were entrapped by police.

Our laws bolstered and emboldened those who wanted to attack non-conforming sexual desire.

Our laws made private and consensual sex between same-sex partners a criminal offence, leading to the unjust arrest, conviction, and imprisonment of Canadians. This criminalization would have lasting impacts for things like employment, volunteering, and travel.

Those arrested and charged were purposefully and vindictively shamed. Their names appeared in newspapers in order to humiliate them, and their families.

Lives were destroyed. And tragically, lives were lost.

And this didn’t end in 1969 with the partial decriminalization of homosexual sex. Up until 1988, a twenty year old gay man who had sex with another man could still be convicted of a crime.

But the imprisonment and criminalization of LGBTQ2 individuals wasn’t the end of it. Other methods of oppression have been rampant throughout our society for generations.

Homophobia during the time of the AIDS crisis generated hysteria and propagated fear of gay men.

Books and magazines were stopped at the border under the guise of obscenity offences and customs regulations – the content of words and images deemed unacceptable.

And LGBTQ2 families have had to fight their own government for the right to benefits, and the freedom to marry, often at great personal cost.

Over our history, laws and policies enacted by the government led to the legitimization of much more than inequality – they legitimized hatred and violence, and brought shame to those targeted.

While we may view modern Canada as a forward-thinking, progressive nation, we can’t forget our past: The state orchestrated a culture of stigma and fear around LGBTQ2 communities. And in doing so, destroyed people’s lives.

Mr. Speaker, a Purge that lasted decades will forever remain a tragic act of discrimination suffered by Canadian citizens at the hands of their own government.

From the 1950s to the early 1990s, the Government of Canada exercised its authority in a cruel and unjust manner, undertaking a campaign of oppression against members, and suspected members, of the LGBTQ2 communities.

The goal was to identify these workers throughout the public service, including the foreign service, the military, and the RCMP, and persecute them.

You see, the thinking of the day was that all non-heterosexual Canadians would automatically be at an increased risk of blackmail by our adversaries due to what was called “character weakness”.

This thinking was prejudiced and flawed. And sadly, what resulted was nothing short of a witch-hunt.

The public service, the military, and the RCMP spied on their own people, inside and outside of the workplaces. Canadians were monitored for anything that could be construed as homosexual behaviour, with community groups, bars, parks, and even people’s homes constantly under watch.

During this time, the federal government even dedicated funding to an absurd device known as the Fruit Machine – a failed technology that was supposed to measure homosexual attraction. This project was funded with the intention of using it against Canadians.

When the government felt that enough evidence had accumulated, some suspects were taken to secret locations in the dark of night to be interrogated.

They were asked invasive questions about their relationships and sexual preferences. Hooked up to polygraph machines, these law-abiding public servants had the most intimate details of their lives cut open.

Women and men were abused by their superiors, and asked demeaning, probing questions about their sex lives. Some were sexually assaulted.

Those who admitted they were gay were fired, discharged, or intimidated into resignation. They lost dignity, lost careers, and had their dreams – and indeed, their lives – shattered.

Many were blackmailed to report their peers, forced to turn against their friends and colleagues.

Some swore they would end their relationships if they could keep their jobs. Pushed deeper into the closet, they lost partners, friends, and dignity.

Those who did not lose their jobs were demoted, had security clearances revoked, and were passed over for promotions.

Under the harsh glare of the spotlight, people were forced to make an impossible choice between career and identity.

The very thing Canadian officials feared – blackmail of LGBTQ2 employees – was happening. But it wasn’t at the hands of our adversaries; it was at the hands of our own government.

Mr. Speaker, the number one job of any government is to keep its citizens safe. And on this, we have failed LGBTQ2 people, time and time again.

It is with shame and sorrow and deep regret for the things we have done that I stand here today and say: We were wrong. We apologize. I am sorry. We are sorry.

For state-sponsored, systemic oppression and rejection, we are sorry.

For suppressing two-spirit Indigenous values and beliefs, we are sorry.

For abusing the power of the law, and making criminals of citizens, we are sorry.

For government censorship, and constant attempts to undermine your community-building;

For denying you equality, and forcing you to constantly fight for this equality, often at great cost;

For forcing you to live closeted lives, for rendering you invisible, and for making you feel ashamed –

We are deeply sorry. We were so very wrong.

To all the LGBTQ2 people across this country who we have harmed in countless ways, we are sorry.

To those who were left broken by a prejudiced system;

And to those who took their own lives – we failed you.

For stripping you of your dignity;

For robbing you of your potential;

For treating you like you were dangerous, indecent, and flawed;

We are sorry.

To the victims of The Purge, who were surveilled, interrogated, and abused;

Who were forced to turn on their friends and colleagues;

Who lost wages, lost health, and lost loved ones;

We betrayed you. And we are so sorry.

To those who were fired, to those who resigned, and to those who stayed at a great personal and professional cost;

To those who wanted to serve, but never got the chance to because of who you are – you should have been permitted to serve your country, and you were stripped of that option.

We are sorry. We were wrong.

Indeed, all Canadians missed out on the important contributions you could have made to our society.

You were not bad soldiers, sailors, airmen and women. You were not predators. And you were not criminals.

You served your country with integrity, and veterans you are.

You are professionals. You are patriots. And above all, you are innocent. And for all your suffering, you deserve justice, and you deserve peace.

It is our collective shame that you were so mistreated. And it is our collective shame that this apology took so long – many who suffered are no longer alive to hear these words. And for that, we are truly sorry.

To the loved ones of those who suffered;

To the partners, families, and friends of the people we harmed;

For upending your lives, and for causing you such irreparable pain and grief – we are sorry.

And as we apologize for our painful mistakes, we must also say thank you to those who spoke up.

To those who pushed back when it was unpopular, and even dangerous, to do so. People from across the country, from all walks of life, and of all political stripes. We stand here today in awe of your courage, and we thank you.

We also thank members of the We Demand an Apology Network, our LGBTQ2 Apology Advisory Council, the Just Society Committee for Egale, as well as the individuals who have long advocated for this overdue apology.

Through them, we’ve understood that we can’t simply paint over this part of our history. To erase this dark chapter would be a disservice to the community, and to all Canadians.

We will work with the academic community and stakeholders to ensure that this history is known and publically accessible.

We must remember, and we will remember. We will honour and memorialize the legacy of those who fought before us in the face of unbearable hatred and danger.

Mr. Speaker, it is my hope that we will look back on today as a turning point. But there is still much work to do.

Discrimination against LGBTQ2 communities is not a moment in time, but an ongoing, centuries-old campaign.

We want to be a partner and ally to LGBTQ2 Canadians in the years going forward. There are still real struggles facing these communities, including for those who are intersex, queer people of colour, and others who suffer from intersectional discrimination.

Transgender Canadians are subjected to discrimination, violence, and aggression at alarming rates. In fact, trans people didn’t even have explicit protection under federal human rights legislation until this year.

Mental health issues and suicides are higher among LGBTQ2 youth as a result of discrimination and harassment, and the homelessness rates among these young people is staggering.

And there is still work to do on blood and organ donation, and the over criminalization of HIV non-disclosure. The Government needs to continue working with our partners to improve policies and programs.

But there are important and significant changes coming – the repeal of section 159 of the Criminal Code is working its way through the House.

And, Mr. Speaker, I am proud to say that earlier today in this House we tabled the Expungement of Historically Unjust Convictions Act. This will mean that Canadians previously convicted of consensual sexual activity with same-sex partners will have their criminal records permanently destroyed.

Further, I am pleased to announce that over the course of the weekend, we reached an Agreement-in-Principle with those involved in the class action lawsuit for actions related to “The Purge”.

Never again will our government be the source of so much pain for members of the LGBTQ2 communities.

We promise to consult and work with individuals and communities to right these wrongs and begin to rebuild trust. We will ensure that there are systems in place so that these kinds of hateful practices are a thing of the past. Discrimination and oppression of LGBTQ2 Canadians will not be tolerated anymore.

With dialogue and with understanding, we will move forward together. But we can’t do it alone.

The changing of hearts and minds is a collective effort. We need to work together, across jurisdictions, with Indigenous peoples and LGBTQ2 communities, to make the crucial progress that LGBTQ2 Canadians deserve.

Mr. Speaker, Canada’s history is far from perfect.

But we believe in acknowledging and righting past wrongs so that we can learn from them.

For all our differences, for all our diversity, we can find love and support in our common humanity.

We’re Canadians, and we want the very best for each other, regardless of our sexual orientation, or our gender identity and expression. We will support one another in our fight for equality.

And Canada will stand tall on the international stage as we proudly advocate for equal rights for LGBTQ2 communities around the world.

To the kids who are listening at home and who fear rejection because of their sexual orientation or their gender identity and expression;

And to those who are nervous and scared, but also excited at what their future might hold;

We are all worthy of love, and deserving of respect.

And whether you discover your truth at 6 or 16 or 60, who you are is valid.

To members of the LGBTQ2 communities, young and old, here in Canada and around the world:

You are loved. And we support you.

Canada gets a little bit stronger every day that we choose to embrace, and to celebrate, who we are in all our uniqueness. We are a diverse nation, and we are enriched by the lives, experiences, and contributions of people who are gay, lesbian, bisexual, transgender, queer, and two-spirit.

To the trailblazers who have lived and struggled, and to those who have fought so hard to get us to this place: thank you for your courage, and thank you for lending your voices. I hope you look back on all you have done with pride.

It is because of your courage that we’re here today, together, and reminding ourselves that we can, and must, do better.

For the oppression of the lesbian, gay, bisexual, transgender, queer, and two-spirit communities, we apologize. On behalf of the government, Parliament, and the people of Canada: We were wrong. We are sorry. And we will never let this happen again.

Thank you, Mr. Speaker. "

Canadian Prime Minister Justin Trudeau, November 28, 2017.

     Click here to see original transcript of speech

     Click here to watch the video of the speech 


Tuesday, November 28, 2017

Canadian PM Apologizes for Past Anti-GLBT Actions

It is our collective shame that Canadians who identify as lesbian, gay, bisexual, transgender, queer, or two-spirit were unjustly treated – fired from jobs, denied promotions, surveilled, arrested, convicted, and vindictively shamed because of their sexual orientation or gender identity. People lost their livelihoods, their families, and, some, their lives. Today, we offer a long overdue apology to all those whom we, the Government of Canada, wronged. We are sorry. We hope by acknowledging our failings we can make the crucial progress LGBTQ2 people in Canada deserve. We will continue to support each other in our fight for equality because we know that Canada gets stronger every single day that we choose to embrace diversity. "

The Rt. Hon. Justin Trudeau, Prime Minister of Canada, November 28, 2017.

     Click here to read the entire Government statement 


Saturday, November 25, 2017

Another Court Rules Against Prez Attempted Transgender Military Ban

" ... Plaintiffs assert that President Trump’s arbitrary decision, plainly inconsistent with all available data, to exclude men and women who are transgender from military service serves no legitimate interest and cannot be reconciled with the liberty and equality protected by the Constitution...

[T]he Fifth Amendment itself withdraws from Government the power to degrade or demean . . .” Windsor, 133 S. Ct. at 2695. An unexpected announcement by the President and Commander in Chief of the United States via Twitter that “the United States Government will not accept or allow Transgender individuals to serve in any capacity in the U.S. Military” certainly can be considered shocking under the circumstances..."

Judge Marvin J. Garbis, US District Court for the District of Maryland, November 21, 2017. 

     Click here to read the entire decision

     Click here to read it on the court's website (Stone v. Trump) 

Monday, November 20, 2017

SecState Marks Transgender Day of Remembrance

" On Transgender Day of Remembrance, the United States honors the memory of the many transgender individuals who have lost their lives to acts of violence.

Transgender individuals and their advocates, along with lesbian, gay, bisexual and intersex persons, are facing increasing physical attacks and arbitrary arrests in many parts of the world. Often these attacks are perpetrated by government officials, undermining the rule of law.

Transgender persons should not be subjected to violence or discrimination, and the human rights they share with all persons should be respected.

On this Transgender Day of Remembrance, the United States remains committed to advancing the human rights and fundamental freedoms of all persons. These principles are inherent in our own Constitution and drive the diplomacy of the United States. "

U.S. Secretary of State Rex Tillerson, November 20, 2017.

     Click here to see original statement 


Wednesday, November 15, 2017

PM Turnbull on Australian Vote for Marriage Equality

Click link for original video:

Australian Prime Minister Malcolm Turnbull, November 15, 2017.

Thursday, November 9, 2017

Scotland Apologises for Past Anti-Gay Injustice

" I am grateful for the opportunity to address the chamber. Today marks an important milestone in achieving true equality for Scotland’s LGBTI community.

This morning, the Historical Sexual Offences (Pardons and Disregards) (Scotland) Bill was published.

Scotland has travelled so far in recent years, in relation to LGBTI equality, that it still shocks to recall that as recently as 1980 – well within my lifetime - consenting sexual activity between men was still classed as a criminal activity in this country. And the age of consent was only lowered to 16 in 2001, two years after this parliament came into being. Before then, hundreds of people in Scotland were liable to be convicted as criminals, simply for loving another adult.

Presiding Officer, the words inscribed on this Parliament’s Mace set out the values which we seek to uphold and promote – integrity, wisdom, justice and compassion. Yet even within the lifetime of this parliament, this nation’s laws created suffering and perpetrated injustice.

The legislation we have published today addresses that injustice. It provides an automatic pardon to men convicted of same-sex sexual activity that would now be legal.

In addition, the bill establishes a new procedure, so that people can apply to the police for their offence to be disregarded from criminal records. This means it will never appear on a disclosure certificate.

The legislation therefore has both a symbolic and a practical value. The pardon sends an unequivocal message to everybody convicted of an offence for an activity which is now legal. The law should not have treated them as criminals and they should not now be considered to be criminals. Instead, this parliament recognises that a wrong was done to them.

And the disregard has an important practical consequence. It allows people to ensure that their past criminal record will no longer have an impact on their day to day life. That will change people’s lives.

At present, as the Equality Network and others have highlighted to us, there are some people convicted merely of showing love and affection to their partner, who still have to explain their criminal record every time they move job or apply for an internal promotion. That is unacceptable and we are determined that it will end.

So the bill we are publishing today rights a historic wrong.

However Presiding Officer, I want to go further today and do something that legislation on its own cannot do. A pardon is, of course, the correct legal remedy to apply for the convictions we are talking about today – but the term “pardon” might still, to some people, imply that Parliament sees them as having done something wrong. That is, after all, a common context in which a pardon might be granted.

However, as all of us know, that is not the case here. For people convicted of same sex sexual activity which is now legal, the wrong has been committed by the state, not by the individuals. Those individuals deserve an unqualified apology, as well as a pardon.

That apology can only come from the government and from Parliament - not from the justice system. After all, the courts, prosecutors and the police were enforcing the law of the time.

The simple fact is that parliamentarians in Scotland over many decades supported or, at the very least, accepted laws which we now recognise to have been completely unjust.

Those laws criminalised the act of loving another adult; they deterred people from being honest about their identity to family, friends, neighbours and colleagues; and by sending a message from parliament that homosexuality was wrong, they encouraged rather than deterred homophobia and hate.

So today, categorically and wholeheartedly, as First Minister I apologise for those laws, and for the hurt and the harm that they caused.

Nothing this parliament does can erase those injustices. But I hope that this apology, alongside our new legislation, can provide some comfort to those who endured them. And I hope that it provides evidence of this parliament’s determination, in so far as we can, to address the harm that has been done.

The final point I would make is that today’s legislation marks an important milestone in Scotland’s progress towards LGBTI equality. However our journey is not yet complete.

Considering how recently it is, that the laws I have just discussed were in force, it is remarkable and inspiring that Scotland is now considered to be one of the most progressive countries in Europe when it comes to LGBTI equality.

One of the proudest moments of my 18 years as an MSP – and, I know, one of the proudest moments for many MSPs across this chamber - was in February 2014, when people from all parties came together to support equal marriage.

But as all of us know, until we live in a country – in fact, until we live in a world - where no young person suffers hate or fear or discrimination or prejudice, simply because of their sexual orientation or their gender identity, then we have still got work to do.

That’s why have promised to improve our gender recognition legislation. We know that we need to ensure that it reflects the experiences and needs of transgender and intersex people.

It’s why I attach such importance to the Scottish government’s work with the TIE campaign – ensuring that our young people do not have to fear bullying in school.

It’s why we are reviewing hate crime legislation – to ensure that our laws provide the right protections against bigotry and hatred.

And it’s why I hope that today’s apology – in addition to its specific significance for gay men – sends out a wider signal to the LGBTI community. The Scottish Government and the Scottish Parliament are utterly committed to delivering true equality for LGBTI people in Scotland. Wherever there are societal, cultural, legislative or regulatory barriers to achieving that, we will seek to remove them. We will never again accept laws or behaviours which discriminate against you and hurt you.

And so although today is a day for looking back and apologising for past wrongs, it is also a day which points to a better future.

And it is a day when this chamber promotes, and lives up to, our shared values - integrity, wisdom, compassion and justice. "

First Minister of Scotland Nicola Sturgeon, November 7, 2017, Statement on Historical Sexual Offences (Pardons and Disregards) (Scotland) Bill.

     Click here to watch the video of the speech

     Click here to see original statement