Landmark Ruling on LGBT Rights From IACHR

Word comes from Rex Wockner of a landmark ruling from the Inter-American Court of Human Rights (El Corte Interamericana de Derechos Humanos) or IACHR that declares that sexual orientation and gender identity are protected categories under the American Convention on Human Rights.

The New York Times has a useful, short summary of the details of the case involved:

The Inter-American Court of Human Rights ruled that must pay damages to a judge who was denied custody of her three daughters by the Supreme Court in 2004 because of her sexual orientation. The ruling by the human rights court, a judicial entity of the Organization of American States, requires Chile’s government to pay the judge, Karen Atala, left, $50,000, in addition to $12,000 in court costs. The February ruling, which was made public on Wednesday in Chile, is the latest development in a multiyear legal battle waged by Judge Atala, a lesbian who had lost custody of her daughters to her ex-husband, also a judge. Judge Atala’s lawyer called the decision “historic” for Chile’s legal system. Justice Minister Teodoro Ribera said Wednesday that Chilean authorities had acted to protect the “superior interests of the children involved,” but he also said Chile would respect the ruling. 

The International Gay and Lesbian Human Rights Commission was also involved with the case, and submitted a legal brief on behalf of Atala. Their website has an excellent summary of the significance of the ruling.

The Court’s landmark ruling found that Chile not only violated Atala’s right to equality and non-discrimination but affirms for the first time in its history that sexual orientation and gender identity are protected categories and such discrimination violates international law. It represents a historic victory for lesbian, gay, bisexual and transgender (LGBT) rights in Chile and around the world.

The International Gay and Lesbian Human Rights Commission (IGLHRC), MADRE and the City University of New York (CUNY) School of Law co-authored a brief (English, Español) for the Court, arguing that sexual orientation and gender identity should be found to be a protected class under the American Convention on Human Rights as held under international law. Attorneys from Morrison and Foerster focused on the custody issue at hand, arguing that sexual orientation and gender identity not be a factor in custody determinations. The brief was joined by 13 other organizations. This week’s ruling upholds both arguments.

“Though Karen Atala and her daughters can never regain the time they have lost together because of the destructive impact of homophobia, today the Inter-American Court has vindicated the legitimacy of their family,” said Jessica Stern, Director of Programs at IGLHRC. “The Court has set a transformative precedent to which every signatory to the Inter-American Convention – 24 countries throughout the Americas – is bound. Based on both American regional standards and international jurisprudence, the Court has ruled that LGBT people must live free from discrimination, whether as parents or in any other aspect of their lives.”

Lisa Davis, Human Rights Advocacy Director at MADRE and Clinical Professor for Law for the International Women’s Human Rights Clinic at CUNY Law School said today, “The Court’s ruling is a milestone victory for human rights advocates the world over. It sets a precedent in international law that discrimination on the basis of sexual orientation is a human rights violation—one that we hope will help defend the rights of LGBT persons wherever these rights are under attack.”

This is great news!

Haters Effort To Repeal CA DREAM Act #Fail

Ha-ha! This is excellent news. The California DREAM Act was signed into law by Governor Jerry Brown last year and the racist xenophobes started circulating petitions to put a referendum on the November 2012 ballot. The CA Dream Act  allows undocumented youth to receive state financial aid and scholarships for college.

Today comes words that the haters have had a major #fail!

Opponents of the California Dream Act have failed to gather enough petition signatures to qualify an initiative for the November ballot that would have repealed the legislation, organizers said Friday. 

Volunteers and a small group of paid signature gatherers had hoped to collect more than 500,000 valid signatures by this week to stop the legislation, which gives illegal immigrants access to state financial aid at public universities and community colleges. They were able to gather nearly 450,000 signatures, Assemblyman Tim Donnelly (R-San Bernardino) said in a statement. 

Supporters of the California Dream Act have argued that many young undocumented immigrants came to the country through no fault of their own; those opposed stressed that the state should not use scarce resources on illegal immigrants.

The haters can still try and get signatures to put an initiative statute on the ballot in November but they have to collect twice as many signatures, and they have to have that done at least 150 days before the election.

I think even if the DREAM Act was up for debate on the ballot that California voters would re-affirm their commitment to equal opportunity and fairness.

Eye Candy: Carlos Basora

Carlos Basora is a 28-year-old model from New York City, according to his Model Mayhem profile. He is another find of the indefatigable David Dust.


He is dulce por los ojos, no?

Nadal Leads Spain To 2011 Davis Cup Victory

From left to right: Fernando Verdasco, Feliciano Lopez, David Ferrer, Rafael Nadal,
Marcos Granollers and Spain's Davis Cup Captain Albert Costa. (AFP Photo/Cristina Quicler)

Yesterday World #2 Rafael Nadal powered his country of Spain to a 3-1 win in the Davis Cup final for the third time in his career, 5th time overall for Spain. Nadal whipped Juan Monaco on Argentina 6-1 6-1 6-2 and then came back from a set down to close out the tie by defeating Juan Martin del Potro 1-6 6-4 6-1 7-6(0) on clay in Seville, Spain. World #5 David Ferrer also contributed to his country's victory by outlasting del Potro in a gruelling 6-2, 6-7(2), 3-6, 6-4, 6-3 five-set win.

Nadal had helped Spain win the 2004 Davis Cup over the United States in 2004 (as a teenager) and in 2008 over Argentina. Argentina becomes the first country to reach the final tie four times without a victory. The 6-time Roland Garros champion is not known as "The King of Clay" for nothing; despite suffering his most lopsided loss of a set on the surface in years, Nadal was able to devise a solution to the hard-hitting, 6'6" Argentinian and maintain his incredible record of only 7 clay court losses in professional play in his career. Beating Spain on clay, with Nadal, Ferrer, Verdasco, Lopez and the rest of "the Spanish Armada" is an almost impossible proposition for any country, as Spain proved once again on Sunday. Their only loss of a point in the match-up with Argentina was when David Nalbandian and Eduardo Schwank were able to defeat the doubles team of Lopez and Verdasco (hubba hubba!)

Eye Candy: Flavio from MundoMais

I've previously introduced you to Filipe from MundoMais. Here is another MundoMais model, he is listed as Flavio. The site says that Flavio is 26 years old 1.89m and 95kg (that's 6 feet 2 inches and 209 pounds). That's a big hunk of Brazilian meat!

Glad I'm not vegetarian....

Ha-Ha! Author of SB-1070 Gets Recalled

Ha,ha! This was the most encouraging election result in a night full of heart-warming election results (rejecting Mississippi's zygote personhood amendment, repealing Ohio's anti-union law and rejecting Maine's voter suppression law): the xenophobic author of multiple pieces of immigrant-bashing legislation (but most notably SB 1070), Arizona State Senate President Russell Pearce was recalled by voters on Tuesday night.

KPHO reports:

Voters have ousted state Sen. Russell Pearce in an unprecedented recall election, a first for an Arizona legislator.

With a majority of the precincts reporting, the top vote-getter, Republican Jerry Lewis, steps into the District 18 legislative seat for the second year of a two-year term.

Lewis claimed victory at 9 p.m.  "Our opponent was the most powerful politician in Arizona and one who had deep-pocketed and powerful interests from outside our district backing him, as well as the entire muscle from our state Republican Party," Lewis said.

Lewis, 54, a charter school executive, has been a resident of Mesa for nearly 30 years.  His victory now forces the Senate's majority Republicans to pick a new leader for the chamber.

People on both sides of the debate said that removing Pearce would send a powerful message to the Legislature that uncompromising stances on immigration and other issues will not be tolerated by voters.

Pearce, a 64-year-old conservative Republican from Mesa, outspent his challenger by more than a 3-to-1 ratio and painted the recall advocates as liberal outsiders who targeted him because of his immigration stance.

Pearce was unabashedly racist and an asshole and it's a good riddance of bad rubbish. However, Sheriff Joe Arpaio and Governor Jan Brewer are still elected officials in Arizona and should be removed from office by voters as well.

BREAKING NEWS! Palencia Steeping Down As EQCA Head

Late today it was announced that my friend, Roland Palencia, has decided to step down as executive director of Equality California, effective Friday October 14.

I gave Roland a call and he told me that it is entirely his decision to step down (despite being named head of the organization a mere 5 months ago); he is not being pushed out by the board. He called it a "personal decision" and said that his priority is making sure that the community rallies around EQCA, which he called a "valuable and important organization." I'm sad that my friend will no longer be leading California's largest LGBT political organization but wish him well in his future endeavors and realize he has to do what is best for him.

Here's the official press release:

     

FOR IMMEDIATE RELEASE
October 10, 2011

CONTACT: Rebekah Orr, Equality CaliforniaPHONE: 415-498-0847 EMAIL: rebekah@eqca.org

EQCA Executive Director Roland Palencia to Step Down From Post Friday, October 14

(San Francisco) Equality California (EQCA) announced today that Executive Director Roland Palencia will step down as of Friday, October 14. Palencia was selected to succeed long-time Executive Director Geoff Kors in May of this year. 
"Equality California serves a critical role in the movement for lesbian, gay, bisexual and transgender (LGBT) equality in the state of California," said Palencia. "Over the next year, the movement in California faces a unique set of challenges that demands leadership uniquely positioned to take those challenges head-on, strengthen the organization and bring together the diverse parts of our movement into a powerful force for change. It's been my privilege to serve as the Executive Director of Equality California and I will continue to be an avid and involved supporter of EQCA and its work for equality."
Equality California will release a transition plan by the end of this week.
"During his tenure with Equality California, Roland Palencia did important work to build diverse and inclusive coalitions and engage and reconnect our movement," said Cathy Schwamberger, Equality California Institute Board Chair. "That work has helped to position our movement to fight back against attacks on the LGBT community and protect advances in equality--the effects of which will impact our movement for years to come. We are grateful for his service to Equality California and his contributions to our movement and wish him the best in all of his future endeavors."
For more information on Equality California sponsored legislation, please visit:www.eqca.org/legislation.Equality California (EQCA) is the largest statewide lesbian, gay, bisexual, and transgender rights advocacy organization in California. Over the past decade, Equality California has strategically moved California from a state with extremely limited legal protections for LGBT individuals to a state with some of the most comprehensive civil rights protections in the nation. Equality California has passed more than 80 pieces of legislation and continues to advance equality through legislative advocacy, electoral work, public education and community empowerment. www.eqca.org

-30-

Eye Candy: Eddy Barrena

Eddy Barrena is a smoking hot guapo from New York City who I found at ManWatch. His model mayhem page says that he is 27 years old, 5'9" and 167 pounds. On it, Eddy says "I'm a very outgoing, hard worker person. i'm very artistic.i'm a dancer, actor, fashion designer who's passionate about modeling and healthy lifestyle." Agreed!

SPORN: Rafa Nadal Shows Off His Ass(ets)

Hmmmm, I guess Wednesday really is hump day. As part of his ongoing campaign with Armani Underwear, World #2, 10-time major tennis champion Rafaael Nadal of Spain joins his fellow Spaniards Fernando Verdasco and Feliciano Lopez in showing off their sculpted physiques for profit and admiration.

Hat/tip to TowleRoad.

Eye Candy: Eddie Martinez

While searching for more pictures of Eddie Barrena, I was struck by these images of Eddie Martinez. Eddie Martinez is a 23-year-old model who lives in New Orleans, Louisiana. He is another find by that great connoisseur of great-looking guys, David Dust. At Man Central, it says that Martinez is 6'1" and 175 pounds, which is close to perfection for a male model, in my book. Perfecto!

Chilean President Offers Civil Unions Bill

Great news from South America. The President of Chile, Sebastián Piñera, has introduced legislation to legalize same-sex civil unions.

AFP reports:

"All forms of marriage deserve respect, dignity and the support of the state," said President Sebastian Pinera, who signed the proposal and sent it to Congress.

"This puts opposite-sex and same-sex couples on the same footing, because in both cases it is possible to develop love, affection and respect."

Pinera, who brought conservatives to power after 20 years of center-left rule in the country, grated on his own election campaign when he announced his intention to legalize civil unions for gay couples. He said two million people in Chile live together without marrying.

But the president has repeatedly stressed his opposition to gay marriage.

"I deeply believe that marriage is by nature between a man and a woman, but that conviction does not prevent me from recognizing that other forms of affective relationships exist," he said.

The law would permit gay couples who join into a civil union to have access to inheritance and other social benefits.

Chile is reportedly 80% Catholic and did not legalize divorce until 2004(!). However, Argentina is next door and legalized marriage equality for same-sex coupes in July 2010.