Freedom of speech as established by the First Amendment has a few exceptions, so few in fact they can be listed here:

• obscenity (the most extreme forms of pornography)
• fighting words or calls to incite violence (hate-speech is protected however)
• imminent lawless action (yelling fire in a crowded theater)
• restrictions on commercial speech (the government can regulate what you can say when advertising a product)
• libel and defamation (making a deliberatly false statement in order to portray someone negatively)

The Phelps clan has taken to protesting outside military funerals because they believe those deaths are punishments from God for America’s tolerance of homosexuality.  A number of states have passed laws establishing minimum distances for protests at funerals but the Phelps have always obeyed those laws so it’s not actually an issue in this case.

According to the Citizen Media Law Project the current case against the Phelps involves the issues of:

• Defamation
• Intentional Infliction of Emotional Distress
• Intrusion
• Publication of Private Facts

Here let the CMLP summarize just what happened:

Westboro Baptist Church pastor and founder Fred Phelps and members of his congregation picketed Matthew’s funeral, holding signs expressing anti-gay, anti-American, and anti-Catholic slogans, including “God hates you” and “You’re going to hell.”

Westboro Baptist Church also posted an essay on its website entitled “The Burden of Marine Lance Cpl. Matthew A. Snyder.” In the essay, statements indicated that Albert and his wife “raised [Matthew] for the devil,” “RIPPED that body apart and taught Matthew to defy his Creator, to divorce, and to commit adultery,” “taught him how to support the largest pedophile machine in the history of the entire world, the Roman Catholic monstrosity,” and “taught Matthew to be an idolator.”

Translation, the Phelps took private details about a private citizen and published them.  The rules would apply differently if Marine Lance Cpl. Snyder were a public figure, ie an elected official but he’s not, he was a private citizen so that part of the case isn’t all that revolutionary.

Now we’re left with the interesting part of the case, do the obnoxious signs the Phelps typically carry at protests count as defamation against the soldier who’s funeral they were protesting that day?

In my opinion Fred Phelps’ signs are vulgar and offensive but I’m sorry, I listed the few exceptions to freedom of speech at the top of this post and expressing your political/religious views in a vulgar or offensive way not an exception, nor should it be. The 4th Circuit US Court of Appeals agrees with me, and according to the Washington Post the court ruled:

The signs could not be reasonably understood to be referring directly to Snyder and his son. And the court said that, as offensive as it found Phelps’s rhetoric, it was protected as speech concerning issues in the national debate.

“Notwithstanding the distasteful and repugnant nature of the words being challenged in these proceedings, we are constrained to conclude that the defendants’ signs . . . are constitutionally protected,” the court said, adding that the signs contained “imaginative and hyperbolic rhetoric intended to spark debate about issues with which the defendants are concerned.”

Initially the Phelps were found civilly liable to the tune of 10.9 million dollars but that has been knocked down through the appeals process on the way up to the Supreme Court.  The court will hear the case when it’s term begins in October.  (more info at the Washington Post here)

photo via flickr user tub of goo (source)

Scott M (from Gravity and TEN) has written the following article which is to be published in the next TEN newsletter.

 

The way HIV and AIDS have evolved over the last 30 years represents so many significant and incredible strides. However some of the amazing advances that we have achieved with this disease has come with some very prevalent costs.

As a young person, I cannot imagine what life was like when this diagnosis equaled a death sentence. It must have been a terrifying and horrendous time in modern history. Today, the newly diagnosed can easily still feel some of that aftermath. Upon learning about our HIV, the first question that runs through our heads is “How long do I have to live?”

We all fall a little bit in love with our medical providers when they inform us that with a few small changes in bad habits and a strict medication regiment, HIV and AIDS should not interfere with our ability to live well into elderly age status. Indeed, the evolution of treatment has come so far. Even if it is not the “cure” that we are so desperately hoping for, it at least helps us breathe a little easier in knowing our lives won’t be cut so short.

As our initial question stops plaguing our mind, the next horrifying thought creeps its way in. “Will people still like me?” It seems almost silly to think that you might be rejected because you have a disease. Such nonsense does not occur with cancer or diabetes. But HIV is different. As the notion of death has eased off our shoulders, a deep rooted stigma has taken its place. And we learn that while the gay community supports us with their dollars and words of encouragement, their actions often speaks otherwise.

Nowadays, there is a strong social desire for perfection, leaving all of us in a world where “good” is no longer good enough. In the HIV community, this can affect anybody regardless of age, race, gender or sexual orientation. But one demographic that seems to share this struggle most of all is that of the younger generations.

Eventually all of us would like to be at a place where we better understand what is important in life and can dismiss the little things. But this tends to be a much greater struggle for today’s youth. Like Bambi fresh out of the womb, young people are falling over themselves trying to figure out their own social footing. And the majority of us put a greater effort in this than we should… whether it is in order to fit in or to act like we don’t want to fit in at all. And if that doesn’t seem confusing enough, add HIV into the mix and suddenly our Rubix Cube of social configuration has crumbled right in our hands.

The general public’s (including the gay community’s) misunderstandings and almost unprecedented fear about HIV has led this disease to warrant the awful stigma that exists today. Therefore even though we can prevent HIV from killing our bodies, it is still very much killing our spirits. The resulting factor is that many young people go into hiding about their HIV status, deeply stigmatizing themselves. This leads into consequential feelings of loneliness and even depression.

As more and more young people are getting diagnosed with HIV, there is a greater need for these kinds of social connections. Thus a not-for-profit social group is emerging in the local Denver area called Gravity. While this may sound like breaking news, Gravity has already begun working its way into the community by reaching out to those living with HIV of the younger generations. We do this by creating a social networking opportunities for our demographic as well as monthly events.

Gravity generally defines “younger” as individuals in their twenties and thirties. We invite people of all races, genders, and sexual orientations within these age ranges. Our goal is not necessarily to exclude older people living with HIV. We very much respect our predecessors, especially those who have died in the name of this disease. But being that HIV can touch lives so differently from younger generations to older ones, a group needed to be created in order to meet the social difficulties specifically geared towards the youth.

Gravity’s monthly events offers young, HIV positive people a way socialize in an environment that is discrete yet fun. This way, attendees can have the privacy they might need and still have a good time while meeting others who have been in their shoes. The events themselves do not focus around the topic of HIV; giving each participant the opportunity to talk as much or as little about it as they would like. Thus technically Gravity is not a support group. However showing up and seeing the face of your peers provides a new level of support not yet covered by the HIV community in the Denver and surrounding areas.

Most importantly, Gravity is a group that is “for the people / by the people.” It is created and facilitated by the very demographic we are reaching out to. Its strength and survival are contingent upon people’s decisions to simply show up and have a good time. While we will accept donations to assist us in creating events for Gravity, we will never have membership fees or ask our attendees for money in order to participate. Because it should not cost anything to just feel normal again.

For more information, you can visit our website at: http://www.gravitydenver.com or email us at denver.gravity@yahoo.com.

 

Over the weekend the Denver Post ran a story on Marci Bowers who is expanding her practice to help victims of female circumcision, also known as genital mutilation which can result in a lifetime of complications so painful and horrific I’m not going to list them here.

For those who don’t know in 2003 Bowers took over for Dr. Stanley Biber’s sex-change operation practice so if her name is unfamiliar to you that’s why.

Read the Denver Post’s full article here (that’s where the above photo is from).

Yay I finally have my work computer back running meaning I can get all caught up on internet TV like The Daily Show and Real World! (I know you’ve missed my recaps LOL)

Remember that child refused re-admission to a Boulder Catholic school because their parents are gay?  Well the Denver Post is reporting there was a protest over the weekend.  Wow go Boulderites for pulling that together in a  snap.  Here’s video of the protest from the Boulder Daily Camera:

And the Denver Post did a story:

A crowd holding signs protesting the treatment of a student with lesbian parents exchanged smiles and waves with parishioners walking into a Boulder church for Sunday Mass.

Before Mass started, church members citing their Catholic hospitality crossed the street to offer donuts and fresh coffee to the group of about 30 protesters.

Despite the friendly gestures, protest signs underscored why demonstrators were there.
“Teach acceptance. Celebrate all of God’s children,” read one banner.

[snip]

“It’s clear if they only accept students with perfect parents, they would have almost nobody,” said Beth Osnes, an organizer for the protest. “I know they have the right to, but why would they want to? “

Inside the church, the Rev. Bill Breslin addressed the issue in his sermon. He also posted his comments on his blog.

“If a child of gay parents comes to our school, and we teach that gay marriage is against the will of God, then the child will think that we are saying their parents are bad,” Breslin said on his blog. “We don’t want to put any child in that tough position.”

::cough:: bullshit ::cough::

I think I may be the first gay blogger in Denver to bring this up but have you heard of Chat Roulette?  It’s basically a webcam and chat site where you’re randomly connected to another stranger.  There are no “rooms” just a huge international pool of users  you’re connected to at random one at a time.  When either party gets tired of the connection they can hit the “next” button ending the chat and reconnecting both users to new random chat partners.

I found Chat Roulette to be a strange convergence of both boredom and sexual pervertedness that only the internet can achieve.

Never misunderestimate the internets.

Also never misunderestimate the lameness of the mainstream media as Jon Stewart reports on their breathless coverage of Chat Roulette.  This segment had me on the floor laughing:

The Daily Show With Jon Stewart	Mon – Thurs 11p / 10c
Tech-Talch – Chatroulette
www.thedailyshow.com
Daily Show Full Episodes Political Humor Health Care Reform

The website if you’re so inclined to give it a try is http://chatroulette.com/ Now as in Chat Roulette I have grown bored with what’s in front of me so NEXT ITEM!

Evidently there are other Amazing Race fans at ELEMENT cos last week I got an email asking me to cover the homos in this season’s show.  You’ll recall that two seasons ago gay Coloradan Luke Adams made it to the finale and was kind enough to sit down for an interview with me.  Sadly none of the homos this season have a Colorado connection but they’re fabulous nonetheless.

That’s Dan and  Jordan, they’re brothers and Jordan (on the right) is gay.  Our other team is power lesbian couple Carol and Brandy.  Their relationship status is “dating” as oftentimes couples will go on the show as some sort of test of their relationship. I haven’t caught last night’s episode yet but so far things are not going well for them and frankly they’ve been bickering so much I find myself crossing my fingers they’ll get booted off so we, the audience, can be spared having to watch them fight.

You can watch full episodes on CBS’s website and here’s a variety of short clips featuring the boys:

Hey all, Alice In Wonderland opens this weekend so that’s what I’ll be doing Friday night.  As usual if you have a suggestion drop us a line at tips@theDenverELEMENT.com for inclusion:

• Don’t forget this is first Fridays meaning it’s art walk time on Santa Fe and girls party at Tracks.

• Drew reminds us that Saturday night is the monthly Dream Girls drag show at Mary’s.  Unfortunately the event listing on Mary’s calendar doesn’t give a price or list any age restrictions.

• Saturday is Freedom To Mary Day in Fort Collins with a series of wedding themed events for anyone who supports the cause of gay marriage.  By far the best source for info and schedule is Cafe Vivid’s listing.

• Are you a father or some lucky child’s gay-uncle?  Well this weekend is the All About Kids Expo Saturday and Sunday at the convention center.  Activities include FREE pony rides, petting zoo, mini-golf, jump castles, climbing walls, train rides, obstacle courses and live stage entertainment by Disney (it’s a bunch of acts I’ve never heard of LOL).  Adults are $10 and children 2-14 are $5.  More info at http://www.all-about-kids.org/

• Saturday is free at both the Denver Art Museum AND the Museum of Contemporary Art according to Mile High On The Cheap.  OK so MCA is actually 1-cent admission so bring your penny.

• Running all weekend is Frozen Dead Guy Days in Nederland!  What in the world am I talking about?  Well 20 years ago a guy had himself cryogenicly frozen inside a backyard shed when he died and since then things have taken on a life of their own with an entire weekend festival now taking place to celebrate the bizarreness of it all.  I went last year and especially enjoyed the parade and also costumed team coffin races.  Yes, teams of people in costumes racing around an obstacle course carrying a coffin with a team member inside.  No I’m not making this up, see for yourself on the official website here.

• And it’s not quite the weekend but next Tuesday we’re having our next ELEMENT Conversation Series on Recreating Our Future.  If your life were a game, would you be winning? This conversation explores our lives as gay men with an emphasis on getting what we want and need from life. Recreating Our Future is about playing the game of life…and winning! Call Christopher to reserve your participation. 720-382-2900, ext. 10 or more info here.

A snippet from 9 News:

A preschool student at a Catholic school in Boulder will not be allowed to return next school year because of what is going on at home.

The student’s parents are two women and the Denver Archdiocese says their homosexual relationship violates the school’s beliefs and policy.

According to teachers at Sacred Heart of Jesus Catholic School, a meeting was held Tuesday to discuss the issue. The staff was told a student would not be allowed to re-enroll because of his or her parents’ sexual orientation. The staff members were also told not to talk to the media.

In a statement sent to 9NEWS, the Archdiocese said, “Homosexual couples living together as a couple are in disaccord with Catholic teaching.”

According to the Archdiocese, parents who enroll their kids at Sacred Heart of Jesus Catholic School are expected to follow the Catholic Church’s beliefs.

Read the rest of the story here.

Photo of Sacred Heart Boulder from flickr (source)

Can you imagine how terrifying it would be to be pulled over and have your license photo and gender not match your current appearance?  What if you get arrested, what sort of holding cell will you be put in and will you have to fear for your safety?

Wanting to avoid situations like this Colorado Springs trans activist Nancy-Jo Morris worked with the local police dept to implement trans sensitivity training.  An interview with Nancy-Jo and a representative from the police dept was part of tonight’s Colorado Matters program on Colorado Public Radio.  I’ve had the honor of working with Nancy-Jo on an activist project last year and have to say she’s one of the most phenomenally sweet and genuine people I have ever worked with.

Here’s a link to the full Colorado Matters segment in M3U format (so it may just download or may open in iTunes, it depends on your computer).

And Nancy-Jo is on both twitter and myspace (where I got her photo from).

Holy crap-on-a-stick look at everything coming up here at ELEMENT:

The folks at the Lambda Community Center in FoCo are hosting a series of events and calling it Freedom To Marry Day. First things kick off with a rally at 12:30 with local speakers and live music.  Following the rally everyone will march to a wedding style reception at for wedding cake,  more live music and even a photographer taking “wedding portraits.”  I’m pretty sure everything is just wedding themed just to be fun, I don’t think you have to attend with your life-partner.

Fore more details like directions and schedule check out the event listing on Cafe Vivid (which as recently been revamped!).

First some background… Last December the DC Council passed and mayor Adrian Fenty signed a marriage equality bill into law. As is DC law Congress had 30 days to review the bill and haters like the NOM, National Organization [Against] Marriage, freaked out and tried their best to get Congress to meddle in the affairs of the city. Clearly desperate, NOM even appealed to the US Supreme Court to try and stop DC from issuing marriage licenses but the court refused to get involved.

And today, Wednesday, the gay marriages began.

Well sort of.

See there’s a waiting period for a marriage license in DC so by putting your application now you can get your actual license on March 9th.

Here’s a snippet from the DC Agenda (which replaced the now defunct Blade):

D.C. court officials were quick to welcome the more then 100 same-sex couples that arrived before noon Wednesday to seek a marriage license.

Leah Gurowitz, a court spokesperson, described the courthouse halls as being festive as clerks processed about 20 to 25 couples each hour. She said the couples took to congratulating each other after completing the marriage application process.

“As each couple walks out of the Marriage Bureau — and there’s a long line — everybody claps and cheers,” she said. “People have been very festive.”

Gurowitz said 101 same-sex couples checked in before 11:30 a.m. Wednesday. She noted that so many couples came to the courthouse that additional markers indicating each couple’s position in line were printed.

“It is a line and it’s going to take an hour or two, or for some people three,” she said. “We’re just going as quickly as we can.”

D.C. Superior Court Chief Judge Lee Satterfield, who oversees the court’s Marriage Bureau, said the influx of marriage license applications was far above average. The court normally gets about 10 to 12 applications each day.

Here’s a link to the DC Agenda’s full article.

Photo via flickr user new_wave_creep_kid (source)