Perry on Job Growth: Do'h!

There's an old episode of the Simpsons where, after one bear wonders into town, Homer overreacts and starts a bear patrol to protect his fellow Springfieldians. He's convinced of the success of the success of the patrol because of the lack of bears in town.

Lisa, spotting the fallacy of his logic, tries to convince him that the presence of the bear patrol is unrelated to the absence of bears:

Lisa: “By your logic, I could claim that this rock keeps tigers away.”
Homer: “Hmm; how does it work?”
Lisa: “It doesn’t work; it’s just a stupid rock!”
Homer: “Uh-huh.”
Lisa: “… but I don’t see any tigers around, do you?”

Homer considers her argument for a moment and replies: “Lisa, I want to buy your rock…”

Why am I talking about Homer Simpson? Because Texas Governor Rick Perry did a pretty good impression of him in an interview with the Texas Tribune, published today:

"We’re creating more jobs than any other state in the nation. … Would you rather live in a state like this, or in a state where a man can marry a man?"

So in Perry's mind, Marriage Equality --> Horrific Economic Collapse? (This is almost as insane as the Prop 8 proponents' Marriage Equality --> Bad Table Manners' argument (Line 18, page 88 of the ruling, no really, check it out)).

The fancy Latin term for this Lunacy is cum hoc ergo propter hoc ("with this, therefore because of this"), basically "if two things occur together, then one must be caused by the other".

When the Governor of our state can't see the insanity of an argument that your average 12 year old (or inordinately bright (and bright yellow) 8 year old) can, we're in trouble.

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Update: Be sure to check out the Rick Perry Dilemma Generator! All the logic and intellect of the Governor of Texas, with just the click of a button!

Dave Welch Trounced in On-Air Debate

Dave Welch, the notorious executive Director of the Houston Area Pastor Council (the organization that said Annise Parker shouldn't be mayor of Houston because she is a lesbian (and the organization Democratic Gubernatorial Candidate Bill White fundraises for) debated Cristan Williams the Executive Director of the Transgender Foundation of America about the Nikki Araguz case.

Despite the clear bias of the FOX news anchor Cristan did a wonderful job, which you can see in the video below. Perhaps the most telling question asked was the poll on the channel's website "Should Transgender or Transexual people be allowed to legally marry?" Not "People of the same-sex?" or "people of the opposite sex" but anyone, should they be allowed to marry anyone at all. Encouragingly FOX new's viewers seem to be more compassionate that it's anchors, the current results of the poll: 94.1% Yes, 5.7% No, 0.2% Not Sure.

Stuck Between a Rock and A Bigoted Place, Abbott Stays Silent

According to El Paso Chanel 7, Attorney General Greg Abbott has declined to rule on the legality of same sex marriage when one of the partners is transgender. See Abbot Asked to Consider Transgender Marriage for background.

In a letter dated on August 6, 2010, the Texas Attorney General's Office notified the El Paso County Attorney's Office that they will refrain from answering any questions or issuing an opinion, and in fact are closing the file on this request. The reason provided for this action is that issues included in the opinion request are the subject of pending litigation recently filed in the 245th District Court of Wharton County, In the Estate of Thomas Trevino Araguz III, Deceased, Cause No. 44575. The letter further states that, once that litigation is concluded, the El Paso County Attorney could submit another request if these questions remain unresolved.

Abbott can’t have it both ways. He would either have had to rule that straight trans people are allowed to get married, or that gay trans people are. When forced to choose between his transphobia and his homophobia it would seem that his head exploded and he, for once, decided not to have an opinion.

Attorney General Abbot Makes Best Case for ENDA Yet

According to the Dallas Voice Texas Attorney General Greg Abbot is being sued by a former employee who claims he was forced out of his job at the AG's office because he is gay.

The trial is set for an Austin court next week, Abbot, however, has asked to have the case dismissed on the grounds that there are no laws preventing discrimination on the basis of sexual orientation in Texas.

There are several conflicting judicial precedents in place about whether sexual orientation is covered by other laws that prevent discrimination in the workplace. Most notable is Oncale v. Sundowner Offshore Services a 1998 Supreme Court Case said that laws forbidding sexual harassment applied to same-sex sexual harassment. But there is no clear judicial precedent, and certainly no state or federal law that would prevent Abbot from firing or harrasing a worker for being queer.

Which is interesting, because one of the arguments that is often made against passing a federal Employment Non-Discrimination Act (ENDA) that includes sexual orientation and gender identity and expression is the lack of need for such protections. The argument being that the established court precedent and current law provide sufficient protections.

Abbott, by claiming the legality of anti-gay discrimination, has made perhaps the best argument to date in favor of a federal ENDA.

Maybe we should write him a thank you note.

State Department Makes Changing Gender Markers Easier, But What About Texas?

The State Department announced new guidelines today that will make it easier for Transgender Americans to have passports that reflect their gender identity. Under the new guidelines someone who is applying to change the gender marker on their passport must present “a certification from an attending medical physician that the applicant has undergone appropriate clinical treatment for gender transition”. Previously, applicants were required to present proof of genital surgery (usually called sexual reassignment surgery (SRS)).

Many trans identified people choose not to have genital surgery. There are a number of reasons for this choice ranging from the costs of surgery, to concerns about its efficacy, to simply not needing the surgery to bring their bodies in line with their gender identity. This is a very personal decision and it’s great news that the federal government has decided to butt out.

But what about in Texas? Technically it is not legal in Texas for a transgender person to have their birth certificate altered, although a few brave judges have been known to issue the order. Changing the gender marker on driver’s licenses requires sexual reassignment surgery, similar to the old passport guidelines. (Again, there are some judges who will issue the order without proof of SRS, but this requires hiring a lawyer who knows which judges to go to - something that many transgender people can not afford.)

During the last two legislative sessions Rep. Garnett Coleman has introduced legislation that would create guidelines very similar to the new passport guidelines for changing both birth certificates and driver's licenses (81st session HB 4297, 80th session HB 1761). Representatives Alma Allen, Raphael Anchia, Lon Burnam and Jessica Farrar have all supported those efforts but the bills have never gotten out of committee (in fact they’ve never gotten a hearing).

One reason is that the Public Health Committee, who would hold the hearing on this bill, is currently chaired by Republican Lois Kolkhurst, and was formely chaired by Republican Diane White Delisi. Neither or whom were particularly inclined to grant a hearing.

The other reason is that the bills sponsor, Garnett Coleman, is a very busy man. Coleman has a reputation for filing more bills than average (he filed 118 last session). Coleman has a wonderful agenda of pro-LGBT bills, but he files so many bills that the vast majority do not get a hearing, let alone make it out of committee.

Most legislation gets passed as an amendment. Staffers watch the bills that are debated on the House floor and look for ones that cover similar subject material to a bill their boss is carrying. Then they point it out to their boss so it can be amended onto the bill being debated. I’m certain that Coleman’s staff does the same thing, but with 118 bills to watch out for it’s simply not possible for them to catch every opportunity.

How do we fix this? The queer community needs to make it clear to our allies in the legislature that this bill, and other pro-LGBT bills, need to be a priority. We have to stop being satisfied with simply having our bills introduced and insist that they be fought for.

The recent change in the State Department Guidelines provides an ideal opportunity to bring this issue up with our representatives. Please call or write your representatives (or better yet, make an appointment to go see them) and tell them that state law should reflect federal when it comes to gender markers.

Houston City Council Renews funding for AIDS Housing

One more dip into the pool of Houston City politics and then I promise we’ll get back to State issues, (for background read Houston Councilmember Johnson tries to cut funding for AIDS Housing ):

After a late night phone and e-mail campaign by the Houston Young Stonewall Democrats and Equality Across America – Houston the Houston City Council, in a 10 to 2 vote (with 2 absent), voted to renew funding for Marjo House, a small residential home providing care to people living with AIDS. [The video of the meeting is available HERE]

There was a lot of debate about renewing the funds but what stood out to me most was a statement made my Councilmember Melissa Noriega, who appeared near tears:

“Separate from all the legal arguments and this and that... what kept rolling around in my head last night was ‘those people’ we don’t want ‘those people’ living in our neighborhood, and I can’t vote for that - so I’m going to vote that these funds are allocated… it’s about ‘those people’ and I can’t do that.”

Councilmember Jarvis Johnson who was trying to block the renewal of funding for Marjo House seemed enraged by Noriega’s statement for inclusion, he bristled at the idea that the social stigma surrounding AIDS was in anyway responsible for objections to funding Marjo House saying “No-one who has spoken to this body has talked about “those people”. So I wanted to fact check that by reviewing the public testimony from yesterday:

“There are stakeholders in Pleasantville who are very concerned about the value of the property, the value of their community, and the value of the people who live in their community.”
-Nicole Turner, president of the Pleasantville Super Neighborhood

“We don’t want the houses to get into our community… We beg of you not to let these houses in our community. We’re doing everything we can to keep our community safe... We don’t want [our community] to be where everything is being misplaced or degraded, so I’m begging of council, mayor – [support] us keeping our community safe.”
-Rosa Harris

“If this particular agenda is advanced it means that you open up Pandora’s box, people are glad to come in and do anything they want to do … I’m proud to stand here and do whatever I can to protect a better life in Pleasantville.”
-Talmadge Sharp

And finally:

“I simply say in those communities that are not deed restricted they don’t have a leg to stand on if they decide that they don’t want a house with people with AIDS next door to them because you don’t live in a deed restricted community, I moved into a deed restricted community because I wanted that protection.”
-Councilmember Jarvis Johnson

So people with AIDS are of low value, degraded, unsafe, a danger to the better life of the community and people that Councilmember Johnson has taken pains not to live next to, but Johnson is correct, no-one said “those people”, so I guess there is no discrimination or stigma at play here.

Later, during comments by Councilmember Sue Lovell, Johnson began loudly muttering and interrupting, prompting Mayor Annise Parker to remind the council of the decorum that is expected of City Council members.

Only Councilmembers Johnson and Bradford voted against renewal of funds for Marjo House.

Councilmember Wanda Adams, whose district includes the historic “gayborhood” of Montrose spoke in favor of funding, but quietly exited the room just before the issue was to come to a vote. I’m told that she was standing in the hall outside the council chambers when the renewal of funds was approved and that she was told that the vote was taking place but remained in the hall.

One wonders why Adams would choose not to vote on an issue that is important to a large number of her constituents.

Houston Councilmember Johnson tries to cut funding for AIDS Housing

I hope my readers will excuse a brief foray into local politics:

A visibly agitated Councilmember Javis Johnson admonished the Houston City Council to protect the “values of the community” by not renewing a grant to Marjo House today.

Marjo House has operated in the Pleasantville neighborhood of Houston since 2002, providing housing for people with AIDS. It’s neighborhood impact is so minimal that the neighborhood association wasn’t aware of its existence until 2006. The neighborhood association has been fighting to close the house since then.

Councilmember Johnson’s rant can be viewed here starting at 37:50

In it the councilmember makes several false claims, calling Marjo House a “For profit organization” and a “business” (it is a nonprofit organization) that houses 15 people (it houses 3-9).

Arguing that the city does not have to renew the grant just because it has been renewed in the past Johnson says “does that mean that two wrongs make a right?” I’m curious how the councilmember figures that caring for the sick is “wrong”.

Later in the meeting Councilmember Jarvis dismissively threw his hands in the air and behaved exasperated as Councilmember Jolanda Jones carefully rebutted his misrepresentation of the facts.

The Houston City Council will vote tomorrow morning (Wednesday, May 19) to extend city funding for this vital program.

It’s hard to believe that the city council would be swayed by such small minded petulance, but just to be safe if you live in Houston please call your council members, or all the council members, tonight and leave a message telling them to “renew funding for Marjo House”.

Brenda Stardig 832.393.3010
Jarvis Johnson 832.393.3009
Anne Clutterbuck 832.393.3004
Wanda Adams 832.393.3001
Mike Sullivan 832.393.3008
Al Hoang 832.393.3002
Oliver Pennington 832.393.3007
Ed Gonzalez 832.393.3003
James G. Rodriguez 832.393.3011
Stephen C. Costello 832.393.3014
Sue Lovell 832.393.3013
Melissa Noriega 832.393.3005
C.O. "Brad" Bradford 832.393.3012
Jolanda "Jo" Jones 832.393.3006

UPDATE: City Hall scuttlebutt has it that the executive director of Marjo House supported Rep. Shelia Jackson Lee during the March primary and that Johnson, who ran against Jackson Lee, is attempting to punish her for it.