Pam Spaulding's Blog, page 132
November 26, 2010
Association of British Muslims criticizes UN for removing sexual orientation protections
The Association of British Muslims is calling on the United Nations General Assembly "to reverse its vote on the exclusion of sexual orientation from the Resolution on Extrajudicial, Summary or Arbitrary Executions." As previously reported, on November 16th the Social, Humanitarian Cultural Affairs Commitee (Third Committee) of the General Assembly voted 79 to 70 to remove "sexual orientation" from the UN resolution condemning extrajudicial, summary or arbitrary executions.This resolution is reviewed every two years, and in 2008 it had been amended to mention specifically those killings that take place because of the sexual orientation of the victims. The 16th November vote removed that special mention.Founded in 1889, Association of British Muslims is the oldest Muslim organization in Britain. This announcement is higly significant in light of the barbric treatment of sexual minorities in doctrinaire Muslim countries like Iran.The Association of British Muslims views this decision with considerable concern. It is the duty of the UN's Human Rights Committee to uphold the rule of law, so it should vigorously oppose any extrajudicial, summary or arbitrary executions by whatever party and for whatever reasons.
It should also act to preserve the human rights of all vulnerable communities.
Removing this clause at this time will send quite the wrong signal to those regimes that indulge in these barbaric practices, implying as it does that United Nations is no longer concerned at the maltreatment of people because of their sexual orientation or considers it to be a lesser matter.
Referring to the Nazis, Paster Martin Niemoller once wrote, 'First they came...'. Have we not learned anything since the tragedies of World War 2? Niemoller started out by saying, 'First they came for the communist's, and I did not speak out, because I was not a communist' Then, the socialists, trade unionists, Jews and other groups until finally he writes, 'Then they came for me, and there was no one left to speak out for me'.
The Committee vote is to be ratified in December. The Association of British Muslims calls on member states of the General Assembly not to endorse the decision of its Third Committee, and to reinstate the deleted clause.
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"Two youths were executed in Iran in 2005, reportedly for homosexuality."
December 10, 2010 is Human Rights Day at the United Nations. Unless the General Assembly reverses the Third Committee's vote to strip sexual orientation from the resolution, all I can say about Human Rights Day is what a joke.
Event Name: Human Rights Day
Event Description: The promotion and protection of human rights has been a major preoccupation for the United Nations since 1945, when the Organization's founding nations resolved that the horrors of The Second World War should never be allowed to recur. Respect for human rights and human dignity "is the foundation of freedom, justice and peace in the world", the General Assembly declared three years later in the Universal Declaration of Human Rights. In 1950, all States and interested organizations were invited by the General Assembly to observe 10 December as Human Rights Day. The Day marks the anniversary of the Assembly's adoption of the Universal Declaration of Human Rights in 1948. Over the years, a whole network of human rights instruments and mechanisms has been developed to ensure the primacy of human rights and to confront human rights violations wherever they occur."
UN Sponsor: Office of the High Commissioner for Human Rights (OHCHR)
Open thread - help catch your blogmistress up on the news
Take a look at this...why am I with Mr. Bill? If you click on the pic, it will take you to my latest vlog entry -- on my first real day out. I wasn't out for very long, but it gave me an idea of how far I do have to go to get back to whatever "normal" is, health wise. Pass the meds, I need to hit the sack again. ZZZZzzzz.
Kate is deeply engrossed in the Iron Bowl right now (Go Bama! Roll Tide), so I'd really need to be out cold before I could ignore her whooping and hollering at the TV screen... :)
Black Friday Remembrance
When most hear the term Black Friday, many think of this being the semi-official first shopping day of the holiday season. For me, Black Friday has a second meaning...a year ago Black Friday, my friend Christine died by suicide.
I can't help but think about and Kelly Moyer's message on how to treat our peers in community. And, of course, I can't help thinking of the importance of family.
If there is a hereafter -- a heaven for kind, loving, and thoughtful souls -- I'm sure Christine is there.
She's in my thoughts today, and my thoughts for her are warm remembrances.
May she rest ever peacefully.
~~~~~
Further reading:
* Ms. Magazine Blog: I Remember Christine Daniels on Transgender Day of Remembrance
~~~~~
Related:
* Pam's House Blend tag: Christine Daniels
Cary Toland: Unsung Hero
Note from Lurleen: There are so many unsung heros like Cary in our LGBT community, and unfortunately they do go largely unrecognized until they've passed. Tell us about the unsung heroes present in your community.
On Monday, the LGBT and Progressive communities lost a dear friend, Cary Toland. His dedication to the our community was an inspiration to me, and to those who knew and loved him. He was the kind of guy that made you smile just to be around him. I loved talking politics with Cary because he was so engaged. But what I admired most about him was his willingness to walk the walk. Whether it was raining, or cold, or dreary, Cary was out there talking to people. He won hearts and minds not just for the gay community, but for progressives throughout our country.
His close friend Andrew Caldwell told me, "Cary was an inspiring example of a citizen activist who didn't just click and complain, but always showed up to demonstrate, register voters, canvass and phone-bank for initiatives and candidates--all with a pragmatism paired with his progressive idealism--with tangible results. People like Cary are why we kept our pro-LGBT Senator Patty Murray in office this year."
Senator Patty Murray certainly does have Cary to thank for her recent narrow victory because Toland was out there every weekend this year talking to people.
The volunteer work I had the pleasure of seeing first hand often goes unthanked, but it is the kind of work that brings us closer to equality every single day. State Senator Ed Murray said it best, "We have lost one of those unsung Heroes, whose hard work, while seldom seen, made equality a reality for so many," he said, "I will miss talking with Carey at events, he was always so warm, relaxed and interested in those around him. Our thoughts are with his friends and family."
I don't think I ever saw Cary without Josh Castle near by. Josh is the only person I know who could actually get me to knock on a stranger's door. He and Cary were a dynamic force. I know that like so many of Cary's close friends, this loss is deeply felt. I asked Josh if he could share some thoughts with me.
He wrote:
Cary Toland was many things. A good friend, always reliable and ready to lend a hand, give advice, and make you feel warm and welcome. A political sparring partner, ready for a spirited discussion or debate, leaving everyone in the dust with his knowledge of history, his witty humor, his compassion for the human condition, and his expansive take on life. And as a hero, organizer, and activist for LGBT equality and the election of progressive candidates for office. His passion for life, way with words, never ending wit, and generosity of spirit defines his soul.
Cary left us too soon but his spirit lives on with the thousands of lives he touched personally and the millions of lives made better through his organizing and activism. Once we're past the tears, knowing Cary, he would tell all of us to quit moping around and to get back to work fighting for equality, justice, and fairness. We love you Cary and will miss you sorely.
There are hundreds of people who could add to the story that was Cary's life. Some of those can be seen on his Facebook page which quickly became a memorial as word of his sudden heart attack spread.
We will continue to be inspired by Cary throughout our lives. One way we can honor his life will be to learn from his courage. He taught us not to be afraid to knock on a stranger's door to say, "Hi. I'm here to talk to you today about something important. Do you have a few minutes?"
But perhaps most importantly Cary reminds us to have hope. He wrote the day after the last election, "The crystal clear image of Mt. Rainier this morning, against the backdrop of a golden sunrise was truly inspiring and fills me with hope, in spite of yesterday's disappointments. There's so much in life that is worth living and fighting for."
Pro-equality Republicans get re-elected in Washington state
Rep. Maureen Walsh
Rep. Norm Johnson
Rep. Maureen Walsh (R-Walla Walla) and Rep. Norm Johnson (R-Yakima) were heavily criticized by some in their own party for their votes last year in support of the Domestic Partnership Expansion Law of 2009 (SB 5866 & HB 1727). Yet despite the best efforts of anti-gay activists in the GOP and tea party, both pro-equality Republican incumbents were re-elected to the Washington state legislature.
In response to Walsh's 2009 vote for the domestic partnership bill, the Franklin Co. Republicans censured her, saying "Representative Maureen Walsh does not represent the values of the Franklin County Republican Party." But voters sent a strong message that it was the Franklin Co. Republicans who didn't represent their values, re-electing Rep. Walsh by a landslide, 77.6% to 22.4%. The censure had been penned by Brenda High, who would become Rep. Walsh's rival in the election.
Rep. Johnson faced similar criticism for his pro-equality vote. His Republican challenger Michele Strobel stated as much when she announced her candidacy, saying "It was a slap in the face to Christians. It was a slap in the face to traditional values." Although Strobel kept Rep. Johnson's pro-equality vote in the news and even targeted him with a nasty anti-gay newspaper ad, Rep. Johnson won handily 52.5% to 47.5%.
Voter turnout for this election was 71.18%, the highest for a mid-term election in Washington since 1970. Nobody can claim that the people in Rep. Walsh's and Rep. Johnson's districts haven't spoken.
The odds of Walsh and Johnson getting re-elected must have looked long to their challengers. After all, their legislative districts are both solidly Republican, with Republicans holding all seats in the state legislature and U.S. House of Representatives. In addition, over 60% of voters in both districts bucked the statewide trend and rejected Referendum 71, the 2009 ballot measure asking voters to approve or reject the domestic partnership law that Walsh and Johnson had voted for. Indeed, both Walsh's and Johnson's challengers used those statistics to imply that they were more in-tune with the local electorate than were Walsh and Johnson. So what happened?
I asked Josh Friedes, Executive Director of Equal Rights Washington why Rep. Walsh and Rep. Johnson were so successful in getting reelected.
I think these election results demonstrate conclusively that when incumbents take principled positions in support of LGBT civil rights, voters will return these candidates to office.In the 2010 election cycle attempts by the radical-right to use LGBT rights as a wedge issue backfired time and again. Senators Rodney Tom and Steve Hobbs are in swing districts and I think their principled supports of LGBT rights has motivated the progressive base in their districts while impressing all voters because they are willing to stand up for their beliefs in civil rights.
Perhaps this election year's biggest upset was the election of Charlie Wiggins as Supreme Court Justice. This race shows that taking a strong anti-gay position in statewide races is a detriment.
U.S. Senator Patty Murray received strong support from the LGBT community as well and was returned to office in an anti-incumbent year in part because her challenger opposed LGBT civil rights. For so many voters in Washington state today that's simply a deal breaker.
Rep. Walsh and Rep. Johnson certainly did take principled stands. Responding to criticism of her pro-equality vote Rep. Walsh said:
"I have always felt to do anything different was discrimination," Walsh said. "It's not my place to say who loves whom. It seems to me God is the ultimate judge, but it's not for me to be making those calls about who should have the same rights I have as a citizen of this country." ..."I have to be true to myself," she said. "If I did not do that, I would be a hypocrite. I could not continue to represent my district if I had to compromise my beliefs and morals."
Rep. Johnson, the father of two gay sons, took an equally principled stand on his vote.
I feel I voted the right way, because to me it was pure and simple a vote of equality."
In contrast, Brenda High and Michele Strobel took the mean-spirited low road. "She says she's a Republican and I don't think she is," said High of Walsh during the campaign. The Tri-City Herald said that Brenda High "is best known for advocating for anti-bullying legislation in states across the country after her son committed suicide in 1998 as a result of being bullied." Yet she answered equality-related questions on a candidate survey like a virulently anti-gay bully.
7. Domestic Partnerships: Granting same-sex partners the equivalent rights and benefits of marriage.
Oppose
The law of our Creator defined marriage as the union between a man and a woman. I oppose any legal recognition of homosexual unions and oppose efforts to legalize adoption of children by homosexual singles or couples.It's worth noting that Washington State HB 1727 was co-sponsored by 55 Democrats and 2 Republicans, one of which was Maureen Walsh, of whom I'm running against. HB 1727 is a bill designed to expand domestic partnerships, and "everything but marriage" law. Part of the language that this bill specifically mentions, is that the terms, "husband and wife" shall be construed to be gender neutral, (pg 109 HB1727), this makes every married individual, "partners" with their husband or wife, I mean, partner.
8. Marriage: Redefine marriage to include same-sex couples.
Oppose
The marriage covenant is the foundation of the family, and the family is fundamental in the maintenance of a stable, healthy and prosperous social order.
The Franklin County Republicans who High penned the censure of Rep. Walsh for has links on its main web page to the anti-LGBT organizations Family Policy Institute of Washington, Family Research Council and the John Birch Society. Family Research Council has been designated a hate group by the Southern Poverty Law Center.
Friedes is right. For so many voters in Washington state today a strong anti-LGBT position is simply a deal breaker whereas a principled, fair-minded position is a winner.
The Family Research Council should be apologizing to the gay community
crossposted on Holy Bullies and Headless Monsters
The disagreement between the Southern Poverty Law Center and the new groups designated as anti-gay hate groups hit the Washington Post yesterday.
And while I am happy with the coverage, I am not happy with how these groups are trying to cover their tracks. They are trying to make it seem as if they are being attacked because they have made stands against gay marriage.
The key person pushing this argument is Tony Perkins of the Family Research Council.
Perkins has even had the temerity to demand an apology from the SPLC:
Family Research Council will continue to champion marriage and family as the foundation of our society and will not acquiesce to those seeking to silence the Judeo-Christian views held by millions of Americans. We call on the Southern Poverty Law Center to apologize for this slanderous attack and attempted character assassination."
Let's be clear about something - the claim that these groups, particularly FRC, are being attacked merely for their stance against gay marriage or their stance against homosexuality is a lie.
FRC in particular has a long history of demonizing the lgbt community. Via studies, briefs, and research papers heavily reliant on junk science and fear tactics, FRC attacked the lgbt community long before discussions of gay marriage even came on the scene.
Unfortunately some of these past studies, briefs and press releases are no longer on FRC's web page. In December of 2008, I noticed this and emailed the organization asking for an explanation. I was told the following:
The papers that you inquired about have been removed from our website indefinitely due to the fact that they have outdated sources.
The email further pointed out that there were several other studies which remained on the web page. The irony is that these studies used the same material the "outdated" papers used, which is another way of saying that FRC got rid of the papers but used the same bad sources.
Luckily for me though, John Aravosis of Americablog created a webpage which featured statements by the Family Research Council (and other religious right groups and figures) pertaining to the lgbt community. The following are just a few things said about the lgbt community:
"Homosexuals say they don't want the children, but boy they put a lot of energy into going after them." - Robert Knight of FRC writing in a Focus on the Family newsletter, quoted by People for the American Way, "Hostile Climate," 1997, p.15.
"Gaining access to children has been a long-term goal of the homosexual movement." - "Homosexual Activists Work to Normalize Sex With Boys," Family Research Council publication, July 1999
"There is a strong undercurrent of pedophilia in the homosexual subculture. Homosexual activists want to promote the flouting of traditional sexual prohibitions at the earliest possible age....they want to encourage a promiscuous society - and the best place to start is with a young and credulous captive audience in the public schools." - Robert Knight, Family Research Council.
"In the United States, homosexual activists are more circumspect about their efforts to gain access to children...homosexual activists publicly disassociate themselves from pedophiles as part of a public relations strategy"- "Homosexual Activists Work to Normalize Sex With Boys," FRC publication, July 1999
"You don’t have to eat the stale crumbs off the dirty floor, which is basically what lesbianism is." - AFTAH (Americans for Truth) Web site interview with FRC's Yvette Cantu.
I should mention that throughout all of the complaints and claims of persecution, neither Perkins nor any of the other persons or groups profiled by the SPLC have issued the short clarifying statements of "we have not done these things" or "our statements have been misconstrued."
Make no mistake about it. These groups have been spooked by being called out on their lies and are on the defensive. And now they are attempting to flip the argument.
But you can't make yourself look like a victim when a paper trial exposes you as a bully.
No matter how Perkins tries to spin the situation, he has a lot of answering to do at the very least in regards to FRC's past statements against the lgbt community.
Perhaps he should be the one to make the apologies.
Related posts:
Talking Points Memo picks up the SPLC anti-gay hate groups story
Ignoring your hate group status won't make it go away
Family Research Council, American Family Association named as anti-gay hate groups
18 Anti-Gay Groups and Their Propaganda
10 Anti-Gay Myths Debunked
Black Friday - who is out in that hot mess?
Kate and I switched over to online shopping years ago, since we both hate navigating crowds and parking lots with maniacs trying to "be first." She did say that back in the day, she and her dad used to go for "the experience" -- I'm not sure what "the experience" is, since the whole thing is a big mind game. The whole point of Black Friday is that these stores get you inside by luring you to buy whatever items are deeply discounted, hoping you'll toss impulse buys that aren't fire sales into your cart.
Given the economy is still sucktastic in many parts of the country, it will be interesting to see how well local stores do, and whether e-tailers fare worse or better than predicted.
What I can say so far is the Gmail account that I keep just for online purchases is loaded with e-blasts about things being 30%, 40% even 50% off for this weekend, usually by the use of online coupon codes given in the email.
(BTW, my Amazon wish list is up to date, Tim, so you can't say I didn't think of something to get me, little brother...)
Q of the Day - are you a Black Friday offline shopper? What time did you go and what was the scene like?
November 25, 2010
The Myth of "Special Rights" and Canada's Trans Rights Bill C-389
Complaints about "special rights" often look like the response to the Canadian trans rights Bill C-389 made at Timothy Bloedow's Christian Governance, by John Newnham:
"So someone assaulted allegedly over being a transvestite is considered more valuable in law than a plain ordinary victim of domestic violence or hit and run."
And ironically, in the course of making this claim, writers will often simultaneously say that equality would be best achieved by not naming classes in legislation, while at the same time making a case as to why they feel the class in question shouldn't be entitled to equal rights under the law.
Asserting dignity and equality for all in employment, housing et al is not a radical idea. If it were possible to write legislation that was honored in that spirit, I think we would all be happy to do so. Unfortunately, the reality is that at home and around the world, societies' practices are largely focused on who they want to exclude from human rights. With the advent of trans rights Bill C-389, we're seeing a number of religious right commentators demanding that trans people should be excluded from rights legislation because of unfounded (but historically familiar) fears about washrooms. Elsewhere, 79 nations voted specifically to exclude sexual orientation from a UN resolution condemning executions based on prejudice. Unfortunately, it becomes necessary for government to send a signal that it is not acceptable to make decisions that would marginalize or exclude people on the basis of these characteristics.
Of course, when categories are included in rights legislation, they are meant to work both ways. For example, sexual orientation ideally protects one from discrimination because they're straight as much as it protects them because they're gay. The intent is simply that orientation should not be the basis of decisions on hiring and firing, availability of residences and resources, or whether or not to do violence on someone. If it seems to protect a specific subset of that, that's because that kind of discrimination in its extreme form is almost exclusively levelled at that subset. And if such a disparity exists, then it illustrates exactly why the legislation is necessary in the first place.
(more after the fold)
Canadian Human Rights legislation also provides a key means of balancing rights conflicts by taking into account context, and giving a caveat for "undue hardship:"
The term "undue hardship" refers to the limit of an employer's capacity to accommodate without experiencing an unreasonable amount of difficulty. Employers are obligated to provide accommodation "up to the point of undue hardship." This means an employer is not expected to provide accommodation if doing so would bring about unreasonable difficulties based on health, safety, and/or financial considerations.
There is no precise legal definition of undue hardship, nor is there a standard formula for determining undue hardship. Each situation is unique and should be evaluated individually. Undue hardship usually occurs when an employer cannot sustain the economic or efficiency costs of the accommodation.
Generally, some hardship can be expected in meeting the duty to accommodate. Employers are required to carefully review all options before they decide that accommodation would cause undue hardship. It is not enough to claim undue hardship based on an assumption or an opinion. To prove undue hardship, employers have to provide evidence.
Despite the portrayal by the far right as elevating trans people above the average Canadian, Bill C-389's proposed protections apply to both trans and non-trans people alike based their on gender identity and expression – in fact, this is an added advantage of the legislation, in that it finally encodes in law that women can't be discriminated against for being too masculine, or men for being to effeminate.
Often without protective rights legislation, it becomes common for people to excuse discrimination -- even hatred that leads to violence or murder, such as the tragedies we remember at the Transgender Day of Remembrance, commemorated on November 20th of every year -- as being somehow justified, thereby devaluing the lives of the victims.
Human rights legislation does not elevate some classes of people above others, but instead affirms that it is wrong to base prejudicial actions on characteristics which are commonly met with prejudice. In an ideal world, of course, we would all realize that all are created equal, but it doesn't happen that way in practical reality. So the reminders have to be codified into law… because there is always disagreement about who should be treated fairly and what the limit to fairness should be.
The net result, then, is that bills like C-389 do not seek to make some people "more equal" so much as to address the current state of being "less than" to a point that critically impedes life for entire groups of citizens.
Questioning Aspiration and Motivation
Although rooted in enlightened concepts that were described as "natural rights," human rights were revisited following the Second World War, in the wake of attempting to understand the first incidence in the Western World in which a democracy granted power to and collaborated with a destructive regime which targeted specific classes of its own citizens. Prior to the rise of Nazi Germany, it wasn't really thought that something like the Universal Declaration of Human Rights was even necessary; afterward, nations understandably wanted to avoid ever taking the same path of fear, terror and hatred that they had witnessed on the international stage.
But even at its genesis, the modern human rights discussion was troubled by disagreements as to whether rights should encompass political and civil rights only, or also include economic and social rights as well. Dissenters felt that economic and social aspects were aspirational rather than intrinsic -- much like arguments heard today, in which some will challenge the right of people who they broadly and without care for circumstance characterize as "lazy" to various forms of social assistance. In this way, human rights have gradually and unjustly become seen as a socialist threat to capitalism, in a world where the memory of Nazi Germany is fading, but the increasing scarcity of wealth has come into stark focus.
Added to this has been the struggle that some have with seeing rights for LGBT people specifically as a civil rights struggle. Some prefer to pick and choose who should be eligible for recognized equal rights, often trying to distinguish between birth characteristics and what they characterize as being choices. And even at that, many fail, refusing to recognize gender variant people born with an intersex condition like Androgen Insensitivity Syndrome or Congenital Adrenal Hyperplasia (witness the ongoing troubles in sport facing Caster Semenya and Santhi Soundarajan), or expecting rights guarantees to safeguard their faith, while opposing the rights of those from another faith. Choice invalidation also gives an out to prejudiced people for whom things like colour become an indicator that triggers presumptions about one’s motivations, culture, lifestyle, behaviours and tendencies. Doing this, they become blind to their prejudice because they’ve seduced themselves into believing that what they’re reacting to is not really the trait itself, when they’re acting on the unspoken and often inaccurate smorgasbord of inventions that go with it.
From a decolonial perspective, the concept of human rights is actually flawed. Legislation granting rights is prescriptive, and retains focus on disparate classes rather than dismantling borders and territories altogether -- a colonial response to colonial thinking. Decolonialism assumes value and inalienable rights for everyone, which should not be deprived on any irrational basis (the term "irrational" leaves open a proviso that allows the judicial system to step in when someone has violated legal and ethical standards). Prescriptivism is a limited solution to a complex problem.
That said, without an entire reframing of law to eliminate colonial mechanisms used to sanction oppression (or better but perhaps less possible, a societal changing of hearts and minds), human rights legislation remains the necessary evil, to prevent hysteria and hatred from escalating to deliberate marginalization, terror and eventually genocide.
Genocide in 2010
Tragically, we've seen a dramatic surge in hatred toward LGBT people specifically because they're lesbian, gay, bisexual or trans, most visibly in Uganda. When Exodus International board member Don Schmirer, historical revisionist Scott Lively and ex-gay "counsellor" Caleb Brundidge travelled to Kampala to fan the flames of anti-gay sentiment in February of 2009, American far-right evangelical groups saw an opportunity. Uganda had been a key area where funding has been targeted to address the spread of HIV worldwide, and many of these programs, including PEPFAR, have faced special limitations to make non-governmental organizations that assist people like sex workers ineligible for funding. By stirring up anti-gay hysteria and pushing for laws like Uganda's Anti-Homosexuality Bill (which would also criminalize organizations that advocate for LGBT people), evangelicals found an opportunity to have virtually exclusive access to the billions of dollars in AIDS relief funds -- not for condoms, but to proselytize in the guise of abstinence-only education. It is possible that the death penalty was an unintended consequence, although what little response there has been from American evangelical leaders now to condemn the bill has been weak and half-hearted. In the process, the Ugandan government found it a way to unite their people against a common enemy, and religious extremists like Martin Ssempa seized upon it by burning condoms, subjecting congregations to graphic depictions of anal sex, and conflating homosexuality with pornographic scatophilia in slideshows designed to regularly whip the public into raging mob mentality. While one local newspaper has been publishing photos of alleged gay people and inciting the public to burn or hang them, the Anti-Homosexuality Bill is once again inching toward government passage.
And again, we remember why human rights are necessary.
Free Speech, Incitement and Harassment
It is not unusual for the far right to complain that granting rights to LGBT people will infringe upon their freedom of speech. Usually, it will be cases like the ruling by the Alberta Human Rights Commission against Rev. Stephen Boissoin (since overturned) that people will point to, or occasionally legal actions against more fringe people like Bill "anal warts" Whatcott.
Speech is a nebulous thing to try to regulate, and will always need a context to determine when enough harm occurs that it has gone beyond “hurting feelings” (as some minimize hate speech to being) to causing incitement or real damage. And if it needs context, then there will never be any legal absolutes that will definitively solve the issue.
That said, there are some types of speech that are commonly recognized to be harmful, regardless of where people stand on the issue:
Incitement – Directly encouraging violence upon a person. Even many free speech proponents realize that our society can’t just allow someone to shout outright, repeatedly and relentlessly, that “we need to take up arms and kill all _______s,” especially in an environment where “_______s” are unpopular, and the person is likely to have others take the speaker seriously enough to actually attempt to do so. And if someone does incite others to commit acts of violence, those proponents can often understand making them a party to the crime, in terms of conspiracy-related charges, etc.
So when does it become incitement? The Protocols of the Elders of Zion never actually state within their covers that violence should be done to Jews, but the passages whip up such fear and hatred that many times throughout history, violence became the most logical conclusion.
The same could be asked of the anti-gay sentiment bandied around today. Individually, statements that fear monger or pontificate about LGBT people are just statements — even quoting Leviticus 20:13. Cumulatively, though, the environment makes it likely that someone’s going to get hurt… or else bullied enough that queer kids start taking their own lives in large numbers. Something’s broken, and yet the statements that drive it are intangible enough that it becomes difficult to know where that line should have been drawn.
That’s the problem with the Boissoin decisions. Did it become incitement? Within a couple weeks of Boissoin's letter being published, there actually was a violent attack, and it was felt by the AHRC -- but not felt by the appellate court -- that the letter helped to create an environment where that attack became likely to happen.
Harassment – Something else our court recognizes is harassment, and again, context is everything. If someone tells their co-worker once that they think homosexuality is a sin, well, that could be justified under freedom of speech. But stating it multiple times, every time he or she passes their desk, in every email they send, in any conversation spoken loudly with others while near that co-worker, making an environment where it becomes very difficult and very unfriendly very fast and impossible to function… that’s “expressing an opinion,” but it’s also clear harassment. But what about activity that’s in between? Incidental conversation where it’s unclear if there was any intent… Context. And for those who might state that even the extreme case is justifiable, swap out “homosexuality is a sin” for “all religious leaders are pedophiles,” and they might feel differently.
Hate speech is never free. It drives minorities underground, into hiding, into fear and shame, it becomes an impediment to fulfilling their dreams or even just going out to the grocery store. While freedom of speech is something definitely worth valuing, if proponents seek total unrestrained speech in law, then they need a clear solution to mitigate this effect. And leaving it up to “personal responsibility” is just not good enough, because people are just not that responsible — as witnessed by our entire code of laws.
Bill C-389 Status Update
Trans rights Bill C-389 should be coming up for Third Reading and final vote before Canada's Parliament, possibly in early December. After that, it proceeds to the Senate, which is usually a rubber-stamp (although some are concerned that C-389 may become an exception). There is a Quick Facts brochure available for those who'd like to know more about the bill or have hand-outs. Now, more than ever, it is important for our allies, parents, friends, co-workers and people who actually know real trans people to contact their Members of Parliament, express support, and inform about what trans people are actually like.
(crossposted to DentedBlueMercedes. Originally written for GayCalgary Magazine, and adapted in response to "When Some Are More Equal Than Others")
Happy Thanksgiving and a health update post-alien fibroid uterine removal
Happy Turkey Day! It's time to give thanks for what good we have in our lives. I am thankful for my family, my friends old and new - online and offline -- and for readers who have been kind and generous. A special shout out to others in the hysterhood, who gave me good pre- and post- surgery advice.Our Thanksgiving was relatively quiet, we were home and I was unconscious most of the day, getting up at regular intervals (about 4 hours or so), to take pain meds. The doggies loved having us home. My follow up appointment with the surgeon is on 12/7.
The surgeon has me alternating doses of ibuprofen (anti-inflammatory) and hydrocodone (hard core opiates). Both work ok, though pain relief is never as good as you receive in the hospital. I am usually able to ditch the pain meds after a couple of days, but post-hysterectomy pain is way worse that when I had my gall bladder removed.
Details below the fold.
If you missed following my Facebook and Twitter updates, I was released from the hospital yesterday, only after I was able to do #1 on my own. Otherwise I was either going to be sent home with a catheter or stay another day and be re-cathetered. Both were bad options, but around 2PM yesterday I was finally able to go. It's kind of a surrealistic experience - you feel the urge to go, your brain is sending the signals to go, and then nothing happens. At all. This went on every few hours as I would attempt it. I thought I was losing my mind. Anyway, once I did, I got dressed and was outta there.
Whack-a-mole holes in the gut
I was left with five holes in my abdomen from the laproscopy, including one entry point in my navel, which will probably be one of the last to heal. As I mentioned yesterday, one of the complications of my surgery was some tearing of vaginal tissue as the uterus was removed in one piece after it was severed from the fallopian tubes/ovaries. Since the largest fibroid was the size of the uterus itself, it's not surprising it wasn't going out easily.
The area with the stitching to close that up is somewhat swollen, which inhibited my ability to void. So it's a small miracle I didn't have to do another day in the hospital.
Needless to say, even on the percocet I was on in the hospital, I was still in some pain, just not excruciating. The nurses were wonderfully attentive in giving meds to me upon request and kept checking my pain levels.
So once home, what I can report is that I've done little else except sleep, get on and FB and tweet when I've had to test my blood glucose and take my needles/pain meds. Kate has the alarm set to every four hours to wake me to take the pain meds and to test. So I'm getting more sleep than at the hospital, but it's still interrupted sleep. Good thing I am testing regularly, since my lows have been around 72. So I'd pop a few prunes and go back to sleep.
There is a L&O marathon on TNT today, so I watch some random episodes that I fall asleep on. I am too weak to be bored, so that's a good thing. As you might imagine, the worst part is standing up and lying down. Your abs simply don't want to work after this kind of surgery. The only comfortable position is flat on my back, which is crappy since I'm a side/tummy sleeper, but I'm so drug-addled I don't even care. I just want to sleep.
Today's adventure -- my first shower since arriving home. Kate took all of my dressings off -- three abdominal incisions required stitches, two were glued shut -- and I feebly got in the shower and, well, it was a painful experience washing that area. But it was good to get clean. I will have to do this for a while, so Kate can help with the dressings. My abdomen is very swollen due to the surgery and the 4 IV bags of fluids I took in. That added another 10 lbs over night. Argh.
The only clothing that fits comfortably at this point are my sundresses with a shirt under them or my night gowns. The elastic waist pants that I thought would be a good choice post-surgery hurt like hell.
I've taken to shooting up my insulin in my arms since my abdomen is so sore. All of this sucks but at least I wasn't blindsided -- I was told to expect this. My appetite is not very good. I can eat solid food, but clear broth soup is better digested.
I expect to feel about this bad for a week, with each day getting a little better. I did try stairs today. That was a mistake. Oh god that hurt. Going down is worse that going up. Guess I just like testing my (in)abilities. Bad blogmistress.
Happy Thanksgiving From Louise, Snooky- and Keori!
[image error]Last night we had a quick "Breakfast for Dinner", as she was pretty tired when she got here- later this morning, we will have a yummy breakfast of Eggs Benedict with choice of lobster or Canadian bacon and mimosas. Then all of we women shoo out of the kitchen as Snooky roasts the bird, makes the dressing with chestnuts, sausage, cranberries, apples, onion and celery, roasted garlic mashed potatoes, and the traditional sweet potatoes with marshmallows the size of the cat's head.
Seriously-
I have NEVER seen marshmallows this big before and have no idea where he found the darned things!
2 days ago he made the turkey/veggie stock and yesterday was "Pie Day"- pumpkin and mince. As well as homemade cranberry/orange relish.
Keori is making something she calls "Mulled Cider"- it involves apple cider, pineapple, oranges, cinnamon sticks, whole cloves and ginger. I can't wait; sounds DELICIOUS.
[image error]And what do I do, while all of this is going on? Easy- my long standing tradition is to go out to the barn, dig out all of my bird feeders (if I haven't put them out already), feed my lil winged pals, then commence on setting up the Christmas lights on every single fence and branch that will support weight. It will take me about 3 weeks to accomplish, many cold hours of muttering and troubleshooting problems, and will be able to cause air traffic diversions when I am done! :D
[image error]So, a very H-a-p-p-y T-h-a-n-k-s-g-i-v-i-n-g to the Blenders from all of us the in the TRUE frozen tundra (as opposed to Seattle! ;)
Open Thread Time: What are your plans and favorite menu items? What traditions, what menu items- whatcha up to?
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