Saturday, September 17, 2005

SFGate: Transgender community feels joy, anger at Araujo verdict

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SAN FRANCISCO
Transgender community feels joy, anger at Araujo verdict
Wyatt Buchanan, Chronicle Staff Writer

Tuesday, September 13, 2005

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Leaders in the community said the jury's rejection of a "transgender panic" defense -- in which Araujo's gender identity absolved the men of some guilt in the crime -- represented significant progress.

"It sends a message that you can no longer blame the victim for what happened," said Cecilia Chung, deputy director of the Transgender Law Center in San Francisco. "You can't blame a transgender person for being who she or he is."

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The Araujo case has prompted public discourse about the transgender community and transgender issues.

Several thousand students in Bay Area schools have heard Araujo's mother speak about her daughter since the 2002 killing, and the case has received coverage in national and Bay Area media outlets, several of which developed policies on the use of pronouns and names in describing transgender people. The Chronicle, for example, now uses pronouns and names that are preferred by transgender individuals who have the physical attributes of the opposite sex.

Major Spanish-language outlets covered the case more than they had any previous crime with an LGBT victim, said Monica Taher, people of color media director for the Gay and Lesbian Alliance Against Defamation.

"This was a huge story at the local and national level," Taher said. "Every time there was an update from the court, the (Spanish-language) media was there covering. I didn't see that with the Matthew Shepard case."

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MSN: Two defendants convicted in transgender killing

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Two defendants convicted in transgender killing
Men beat teen after discovering she was biologically male
Associated Press
Updated: 7:45 p.m. ET Sept. 12, 2005

HAYWARD, Calif. - Two men who had sex with a transgender teen and then discovered she was biologically male were convicted Monday of her murder but cleared of hate crime charges.

Michael Magidson and Jose Merel, both 25, face mandatory sentences of 15 years to life in prison for second-degree murder in the killing of Gwen Araujo, who was beaten, tied up and strangled.

The jury was deadlocked in the case of a third man, Jason Cazares, 25, marking the second time a jury was unable to reach a verdict in his case.

Araujo, 17, was born a boy named Edward but grew up to believe her true identity was female. The defendants, who knew her as Lida, met her in the summer of 2002. Magidson and Merel had sexual encounters with her, experiences that fueled suspicions about Araujo's gender.

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An autopsy found that Araujo died of asphyxiation associated with head injuries.

Nabors testified that Merel smashed Araujo in the head with a can and also hit her with a pan. Merel said he slapped Araujo and hit her a glancing blow with the pan, but he denied seriously injuring her.

Cazares said he was outside the house when the killing took place and only helped bury the body in a shallow grave in the Sierra Nevada foothills.

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AOL Black Voices: God, Gays and the Black Church: Keeping the Faith Within the Black Community

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Updated: 2005-09-01 23:32:13
God, Gays and the Black Church:
Keeping the Faith Within the Black Community
by Herndon L. Davis, Special to AOL Black Voices

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"Homophobic sermons do indeed cause depression, suicidal tendencies, etc., in SGL [Same-Gender-Loving] people," asserts Dallas-based evangelist Tuan N'Gai, co-founder of OperationRebirth.com, a black gay and lesbian religious Web site.

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Although Foster admits anti-homosexual sermons may cause severe emotional distress for gays and lesbians, he says, "To call homosexuality sin is not homophobic, but to use the knowledge that homosexuality is sin against someone for the purpose of driving them away from God is sin." Though once an active homosexual, Foster believes homosexuality is a sin and continues to preach against it.

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But what if the "sinner" is the pastor himself or the soloist at the early-morning service? Do the rules against homosexuality somehow change? To date, black church history has shown us that if the rules don't change, then at best they’re severely bent when it comes to gay and lesbian clergy or gospel singers.

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No one seems to contest the fact that there are gays and lesbians within black churches (and in no smaller number than elsewhere in society), which certainly begs the question: can a pastor effectively minister to his or her gay and lesbian congregants if he/she genuinely believes that homosexuality is a sin?

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In terms of the church's role as a centerpiece of the black community, could it be that the demeaning and negative labeling of perceived sexual sins ranging from pre-marital sex to homosexuality is really part of the problem -- and not the solution -- in the increasingly difficult fight against AIDS in the black community?

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Chicago Tribune:

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GULF COAST CRISIS: THE AID EFFORT
Immigrants told to seek help, whatever their legal status

By Oscar Avila and Hugh Dellios
Tribune staff reporters
Published September 8, 2005

Foreign governments and Hispanic advocacy groups scrambled Wednesday to help an especially vulnerable group of hurricane survivors: immigrants who often don't speak English or possess legal immigration status.

In a region coping with a devastated infrastructure, relief workers had to work extra hard to reach immigrant victims, especially with a reported shortage of bilingual volunteers.

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Hurricane Katrina was especially devastating for Hondurans who have crossed the Gulf of Mexico for decades to work at ports and fishing jobs in Louisiana.

Many Hondurans came to Louisiana for a more desperate reason: to flee the destruction caused by Hurricane Mitch, which devastated Central America in 1998. The U.S. government provided temporary legal status for Hondurans affected by Mitch.

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Hispanic leaders report even worse problems reaching undocumented immigrants. In past disasters, undocumented immigrants have received emergency aid but have not been eligible for government assistance during reconstruction.

Murguia, part of a delegation that met with President Bush, said she has been assured that undocumented immigrants have "absolutely no fear of recrimination right now."

To reinforce that message, Mexican President Vicente Fox broadcast messages to Mexicans in the U.S., trying to persuade them to seek help. "Don't be afraid to follow rescue officials' directions," Fox said.

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El Observador: Katrina Spells Unspoken Disaster

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Katrina Spells Unspoken Disaster
By Marta Donayre

The images of the devastation and suffering caused by hurricane Katrina are the tip of the iceberg of what is to follow. Many will have to rebuild their lives from scratch, and people in the LGBT and HIV-positive communities will have the hardest time. The states that were the most impacted by Katrina - Louisiana, Mississippi and Alabama - all have measures in place that forbid the legal recognition of same-sex couples and their families. After the dust settles, partners will have a harder time locating loved ones. If they succeed, it will be almost impossible to make medical decisions for them if needed. If the family home was in the name of a deceased partner, a surviving partner may have no rights to insurance monies. All of the inheritance may go to the nearest blood relative, who may not approve of the relationship and deny the survivor benefits, including attending the funeral. Children in these families face undue burdens and challenges. If the biological parent dies, their other parent will be unlikely to obtain their custody. Many may end in the foster care system, even though one of their parents is alive and well. And these are only state-wide problems. Because of the Defense of Marriage Act, that defines marriage federally only as that between a man and a woman, many will be denied aid from FEMA, and survivor benefits from the Social Security Administration. Many children too may be denied pensions if they lose their non-biological parent. The HIV-positive population will face incredible hurdles. The South has the largest percentage of people affected by HIV/AIDS. According to a report by the Center for Disease Control and The Aids Institute, 40 percent of all HIV victims live in the South, yet only 38 percent of the U.S. population lives in the South. The majority of all HIV-positive Southerners, 53 percent, are African-American. HIV infection in the South carries tremendous stigma, and many clinics dispense medication through the back door so patients won't be seen entering an HIV/AIDS clinic. Many of them are now in massive refugee camps, and are likely to be without medication. Some may choose to not take it to avoid revealing their HIV status. The human drama caused by discrimination and stigma is unlikely to hit the airwaves. We won't see surviving partners pleading for help, or HIV-positive people asking for their medication making headlines. But they will be there, suffering silently, and ignored by society at large. When disaster hits, minority groups are always hit the hardest. Most of us will never hear their stories. We always hear the sad stories of the stranded tourists, but never learn the full impact of the calamity on the most vulnerable segments of society.

Marta Donayre is the co-founder of Love Sees No Borders, is a member of the National Steering Committee of Amnesty International's OUTFront Program, and a member of the National Latina/o Coalition for Justice. Visit her web site at www.martadonayre.com If you have questions you can write to her at marta_donayre@yahoo.com

The Age: Fiji court overturns gay sex conviction

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Fiji court overturns gay sex conviction
August 26, 2005

An Australian man has won his appeal against a gay sex conviction in Fiji, in a blow to laws against homosexuality in the socially conservative Pacific country.

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She said the decision would have a big impact in Fiji, although she said state prosecutors have indicated they might appeal against the ruling in Fiji's Supreme Court.

There has been considerable debate in the island nation about its strict but rarely enforced homosexual laws since the case emerged.

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A Fiji senator earlier this week called for a Christian constitution and harsh punishments for homosexuality.

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The Weekly News: Gay couple allege attack at Miami bar

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Gay couple allege attack at Miami bar
Police report confirms assault, victim says it was a hate crime

By ANDREA FREYGANG
Contributing Writer
AUGUST 11TH

A couple of hours into the evening, at about 1:30 a.m., Sanchez leaned over at the request of the ladies and gave his partner a quick peck. Shortly afterwards, a staff member he described as a white, Latino male in his early 40s approached him and said the male couple had to leave the club.

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"The guy who worked the sound system was with him when he asked me to leave, and I didn't understand because we had paid for our drinks, weren't acting out and there were 35 other people doing the same thing I was," says Sanchez. "They insisted it was closing time, but I knew that wasn't the reason.

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The women then suggested that Sanchez and Perez leave since it seemed there
was going to be a problem. Sanchez says the two staff members grabbed his arm
and led them out the door.

"As soon as we crossed the exit, they pushed me on my back and I fell on my side, while the boss was watching," Sanchez says. "They kick me on the floor and I cover my face and yell to my partner, 'Call nine-eleven, call nine-eleven' as more come to bash me."

Sanchez says the guy who ran the sound system told the attackers to stop and go back inside. But as the attack was happening, he says they yelled at the couple, "Maricoñ - you fag, we don't want you here and this is for you to learn. We take good look at your faces so you not come back here again."

When the paramedics arrived, Sanchez says he could not move; although after examination the paramedics left because there were no visual injuries.

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"They didn't take care of me, just observe, and I couldn't move because the pain was internal," he says. "My ribs were sore, my back, my left elbow."

A police officer arrived and went inside to speak with restaurant personnel, and then came out and asked if Sanchez wanted to press charges. The officer wrote the case down as simple battery, which infuriates Sanchez. The officer then moved Sanchez and Perez down the street to a gas station to wait for the crime scene unit.

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Washington Times: Homosexual groups pursue minorities

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Homosexual groups pursue minorities
By Dionne Walker
ASSOCIATED PRESS
August 17, 2005

RICHMOND -- Dyana Mason, the executive director of Equality Virginia, begins each summer with two road trips: one to the District for the black homosexual-pride celebration in May, and a second to its predominantly white June counterpart, Capital Pride.
Through the fall, similar celebrations will unfold in major cities across the nation, underscoring a racial rift that some say splinters homosexual America.

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We have this rainbow of unity -- 'We're all in it together,'?" said Earl Fowlkes, president of the International Federation of Black Prides. "Truth be told, it's not that way."
His group represents more than 23 annual black-pride celebrations drawing thousands of black homosexuals to cities such as New York, Chicago and Atlanta. Such culture-specific celebrations are on the rise as the face of homosexual America shifts from the white-male stereotype.

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Despite efforts by the HRC to reach out to minority homosexuals, frustrations linger. For one, Hispanics shrink from organizations with people who think translating documents into Spanish is enough, said Noemi Perez, a Virginia homosexual-rights advocate.
She called for more Hispanic hires from the community -- not handpicked people whose main qualification is a Spanish surname.

SFGate.com: Spanish-language radio show must pay for on-air gay prank

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SAN FRANCISCO
Spanish-language radio show must pay for on-air gay prank
- Wyatt Buchanan, Chronicle Staff Writer
Saturday, August 13, 2005

A San Francisco man who was outed as gay on a national Spanish- language radio show and says his life was devastated as a result will receive $270,000 from Univision Radio, an arbitrator in the case has ruled.

Univision Radio, the largest Spanish-language radio broadcaster in the United States, also agreed Friday to sensitivity training for employees in its five biggest markets, said Monica Taher, a media director for the Gay and Lesbian Alliance Against Defamation. That action was not part of the arbitration, but it shows the impact of 45-year-old Roberto Hernandez's stand against insensitivity to gays and lesbians, which is rampant in Spanish- language media, Taher said.

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"It's a nightmare," Hernandez said. "How do you live with such an embarrassment in your life? How do you live when someone makes your life so insignificant? Any kind of help or support would be welcome to my life, because I need it at this moment."

Hernandez had been discreet about disclosing his sexual orientation before the incident, not even telling his family.

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Washington Blade: Study undermines belief that 'down-low' men feed HIV

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Study undermines belief that ‘down-low’ men feed HIV
Being closeted doesn’t equate to risky sex, researchers say

By RYAN LEE
Friday, August 12, 2005

Closeted black bisexual men — popularly dubbed “men on the down low” and tagged with fueling rising HIV rates among heterosexual black females — are not as careless with practicing safer sex as was often portrayed in media reports, according to research published in the July issue of the Journal of the National Medical Association.

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With no research data yet complete on the down-low, and scarce data about black bisexuality in general, researchers culled through 24 years of studies on black sexuality, homosexuality and HIV/AIDS dating back to 1980, said David Malebranche, assistant professor of medicine at the Emory School of Medicine in Atlanta.

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Researchers found that only an estimated 2 percent of all black men are bisexual, contradicting the popular notion of men on the down-low serving as a bridge for HIV to cross over from gay men to black heterosexual women, who make up 68 percent of all new female HIV cases.

“If it’s only 2 or 3 percent of the black male population, how can they possibly be accounting for all of these HIV infections?” Malebranche said.

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Women cheat, too
Malebranche and his colleagues also said studies show both black men and heterosexual women engage in high rates of unprotected sex, which likely contributes to HIV transmission rates.

The down-low went mainstream last year after an extensive piece in the New York Times Magazine and Oprah Winfrey’s profile of author J.L. King, who wrote a tell-all piece about masculine black men with wives and girlfriends who secretly have sex with men. The phenomenon was then often cited as an explanation for rising increases in HIV among black women.

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365gay.com: Cherokee Court Blocks Lesbian Marriage

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Cherokee Court Blocks Lesbian Marriage
by 365Gay.com Newscenter Staff
Posted: August 12, 2005 3:00 pm ET

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Earlier this week the latest challenge was filed by a group of conservative Cherokee Nation council members. The move came a week after a tribal court dismissed a similar lawsuit.

Todd Hembree, who serves as counsel to the tribe's legislative body and opposes same-sex marriage, went to court arguing the Cherokee Nation had no right to recognize the marriage.

The court ruled that Hembree had no standing to sue and could not show that he suffered any harm by the couple's attempt to be recognized as a married couple.

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In court filings, the councilors point to several references in the Cherokee Nation Code denoting sex and gender in a tribal marriage. They are asking the court to ban same-sex marriages and make Reynolds and McKinley's marriage certificate null and void.

If allowed to file their marriage license, the women will be the only same-sex couple to be registered with the Cherokee Nation.

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Signorile.com: Could Catholicism be Good for the Gays?

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Could Catholicism be Good for the Gays?
Michelangelo Signorile
August 8, 2005

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In Spain, same-sex marriage became increasingly more acceptable to the public largely because its promoters appealed to people’s Catholic sense of “family” and their desire to include their gay brothers and sisters in their lives, even if homosexuality itself is "sinful". Prime Minister Jose Luis Rodriguez Zapatero, who spearheaded the same-sex marriage legislation, often talked about “family” and the people we all “love” when he discussed the issue. In his speech to Parliament in June he said: “We are not legislating, honorable members, for people far away and not known by us. We are enlarging the opportunity for happiness to our neighbors, our co-workers, our friends and, our families: at the same time we are making a more decent society, because a decent society is one that does not humiliate its members.”

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Pacific News Service: Don't Follow America: Tribes Should Lift Bans On Gay Marriage

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Don't Follow America: Tribes Should Lift Bans On Gay Marriage
Youth Commentary, Gabriel Duncan,
Pacific News Service, Aug 08, 2005

Editor's Note: American Indian tribes should follow their traditions of embracing diverse sexual orientations and support same-sex marriage, the writer says. Instead, some tribes are doing the opposite.

ALAMEDA, Calif.--I've long known that about half of America doesn't like gay people. It's been made pretty clear, most recently with the rejection of numerous marriage equality bills, and the approval of anti-gay marriage legislation in 37 states. But now, to my dismay, Indian Country is following the white man's lead.

First, the Navajo Nation Council passed a ban on same-sex marriages in June, overriding the veto of Navajo President Joe Shirley Jr. The legislation banned marriages between members of the same sex on the nation's largest Indian reservation. Now, justices in a Cherokee Nation courthouse are hearing arguments in the case of a Cherokee couple who wed, received their tribe-issued marriage certificate, and were set to live happily ever after -- that is, until an attorney contested the wedding. That's when everything got complicated.

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Native peoples have historically had a more fluid view of sexuality. Bisexual, straight, gay, transgender -- hey, it didn't matter. That was how you were made and people weren't going to stone you to death just because you were different. In fact, your differences made you special.

"Two-Spirits" like myself -- the modern term for gay, lesbian, bi and trans Native Americans -- were hailed as medicine men.

As Two-Spirits, we were depended on to heal, keep the history of our people, and care for the children. Two-Spirited people were often "cookers," though they could also be warriors -- gender roles didn't really matter. Looking back at the travel journals of the Spanish conquistadors, you can find a story about fierce, bare-chested female warriors who obliterated an entire war party. And back then, if a man chose the basket instead of the bow, his tribe would socialize him with the women. No big deal.

I'm not trying to make this sound like the pre-contact world was one big free-love party, but gay marriage was certainly a "non-issue," as Navajo President Shirley said during the debate over the same-sex marriage ban. Sex and sexuality were natural. Love was unconditional. And diversity was celebrated.

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BBC: HK gay sex rules 'discriminatory'

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HK gay sex rules 'discriminatory'
Last Updated: Wednesday, 24 August

HK gay sex rules 'discriminatory'

A Hong Kong judge has ruled that laws prohibiting gay sex by men under the age of 21 are unconstitutional.

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A 20-year-old gay man, William Roy Leung, had challenged Hong Kong's existing laws on the issue.

They allow sex between heterosexuals and lesbians from the age of 16, but anyone under the age of 21 who engages in sodomy could face life in prison.

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Mr Hartmann said the current laws were "demeaning of gay men who are, through the legislation, stereotyped as deviant".

The laws prohibit "gross indecency" or sexual intimacy between men if one or both are younger than 21.

Welcomed

Gay rights activists welcomed the ruling, saying that 63 men have been arrested under the laws in the past five years.

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"It's the first time that sexual orientation has been upheld as a protected ground against discrimination in a Hong Kong court," he was quoted as saying by the Associated Press.

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What do you think of the ruling that current laws are discriminatory? Have you been affected by laws prohibiting gay sex for men under 21 in Hong Kong? Send us your comments and experiences using the form at the bottom of the page.


I grew up in Hong Kong. Being queer in that city is isolating enough, given its lack of social programs and clubs/bars, and its homophobic atmosphere. As a queer woman coming of age in that city 7m people, I felt alone, confused and ignorant. I can't imagine what it must have been like for my male counterparts, having that extra level of fear that, even should they *find* someone to love (which is hard enough!), they'd be thrown in jail because of it. Being queer in HK sucked-- I'm glad this ruling will ease the situation somewhat.
Jo McFetridge, Hong Kong / Vancouver

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I have been affected by laws prohibiting gay sex for men under 21 in the UK. These laws cause great suffering, confusion and discrimination towards the affected young men. The perverse issue here is that law abiding people suffer the most as these people get pulled in two opposite directions.
Shane James, Exeter, UK

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This is excellent news. It is high time that such archaic laws and beliefs were stamped out. However, Hong Kong is just the tip of a very large Chinese iceberg and many more gay men are suffering discrimination on mainland China. There is much more of a struggle to come, but this is certainly a huge breakthrough.
Andrew Fyall, London


No, personally I don't think the current laws are discriminatory. If the age is lowered to 16 years old, Hong Kong will be opening their doors to more gay sex. I don't think the HK want to be labelled as the sex city of the Far East.
Tony, London

Gay City News: Ancient Transsexuality in Indonesia

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Ancient Transsexuality in Indonesia
Asia Society film celebrates once-revered sect; Lincoln Center performance in
July
By Sam Oglesby
Gay City News
June 23-29, 2005
Vol. 4, Issue 25

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Shown at the Asia Society on June 17, "The Last Bissu" is a beautiful film by Rhoda Grauer that is part of a series of events celebrating vanishing cultures and the efforts to revive them. It follows the story of Puang Matoa Saidi, the high priest of an ancient transvestite order chosen in 1941. Once all powerful, the leaders of this pre-Islamic sect were honored advisors to the local rajas, the kings who ruled the land. Their gradual demise began as the system of royal courts declined.

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Quaint and unusual to Western eyes, the transvestite priest tradition is found in numerous traditional societies in India, Burma, Indonesia and other developing nations. More than simply an anachronism, the tradition has conferred legitimacy on gender-variant individuals whose social status might otherwise be compromised were it not for the sacred roles they play.

Website: Sexual Racism Sux

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Sexual Racism / Gay Asian Male (GAM) pages

It's become so easy and so common in Sydney (and some other places) for men to write the terms -No Asians, No GAMs, No Gay Asians - in their profiles. I hope that gay asian guys who use the internet for dating and meeting people, as well as our friends and supporters will join in a campaign to get these phrases out of public spaces where they create an environment where the people think it is acceptable and where it is hurtful to those who encounter it.

NYTimes: Serving Gays Who Serve God

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September 16, 2005
Serving Gays Who Serve God
By ANDY NEWMAN

This spring, Brenda Oliver, depressed and desperate for spiritual sustenance, visited the church near her home in Bushwick, Brooklyn. She lasted until the minister started talking about the men of Sodom who demanded that Lot let them have sex with his houseguests.

He looked straight at Ms. Oliver, a sturdy, dreadlocked woman dressed in her customary long pants and black work boots.

"The preacher said that if a bunch of gays went to his house, he'd start shooting and killing them," recalled Ms. Oliver, who is a lesbian. She walked outside, leaned on the church gate and cried.

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Unity Fellowship Church, housed in a gray former warehouse in East New York, is the New York outpost of the Unity Fellowship Church Movement, the only Christian denomination explicitly set up to serve gay, bisexual and transgender members of minority groups. Unity, founded in Los Angeles in 1982, has 12 churches nationwide, including two in New Jersey - one in Newark and another in New Brunswick.

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A gay church in a battered neighborhood led by a black minister with AIDS may sound like something dreamed up by a politically correct screenwriter. But Unity is the very real, raucous spiritual home for hundreds who feel cast out by traditional churches, which for many people serve as the heart of the community and an extension of the family.

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In July, one of Unity's ministers, the Rev. Valerie H. Holly, spoke at a rally organized in part by the network against the denunciation of gays by black clergy members. "It's not a question of you having to like me," she said in an interview. "It's a question of you having to accept that I am God's child, too."

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New York's Unity church feels itself to be a bit of an outcast. From 1992 to 2003, it rented space in St. Mary's Episcopal Church in Clinton Hill, Brooklyn, a middle-class neighborhood with a history of tolerance. But after St. Mary's changed leadership, Unity felt less welcome, said the local congregation's founder, Bishop Zachary G. Jones. "They didn't come and say 'All gay people get out,' but it was increasingly uncomfortable to negotiate the use of the space," he said. The rector of St. Mary's, the Rev. Reginald Nuamah, declined to discuss Unity's departure.

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"God don't care who you sleep with," she said. "God judges you for the merits of your heart."