Quest Vol. 12 No. 16

*Quest News* Volume 12 No. 16 September 1, 2005 Compiled & written by Mike Fitzpatrick Top Stories: National Gay Groups Oppose Roberts Nomination Washington, DC - The Human Rights Campaign, National Gay and Lesbian Task Force, National Center for Lesbian Rights, and Parents, Families and Friends of Lesbians and Gays put out a united statement August 25 to announce opposition to the nomination of John G. Roberts to the Supreme Court. “Judge Roberts has such a narrow view of what the courts can and should do, it’s a wonder he wants the job at all,” Human Rights Campaign president Joe Solmonese said. “Ultimately, this is about an individual’s right to privacy. From women’s rights to religious freedom to civil rights, there is powerful evidence that Judge Roberts would rule against equality.” “For his entire adult life, John Roberts has been a disciple of and promoted a political and legal ideology that is antithetical to an America that embraces all, including lesbian, gay, bisexual and transgender people,” National Gay and Lesbian Task Force executive director Matt Foreman said. “He has denigrated the nature and scope of the constitutional rights to privacy, equal protection and due process as well as federal government’s role in confronting injustice. I have no doubt he’s an accomplished lawyer and an affable dinner companion, but that doesn’t make him any less a mortal danger to equal rights for gay people, reproductive freedom and affirmation action.” “There is nothing in Roberts’ history as a lawyer, policymaker or judge to indicate that he would be anything other than hostile to the claims of those seeking to preserve affirmative action, reproductive freedom and fundamental rights, or for those seeking to ensure that the emerging protections expressed in Romer v. Evans and Lawrence v. Texas become truly meaningful in the lives of lesbian, gay, bisexual and transgender Americans,” National Center for Lesbian Rights executive director Kate Kendell added. “The stakes for gay, lesbian, bisexual and transgender Americans are too high,” Parents, Families and Friends of Lesbians and Gays executive director Jody Huckaby concluded. “We cannot sit back and allow a man with a demonstrated record of hostility towards privacy and minority rights to make decisions on our nation’s highest court that will affect this nation for generations to come. After a thorough review of the selective documents released by the White House, PFLAG is convinced that nominee John Roberts should not be trusted to protect the fundamental rights and freedoms of all Americans.” The four leading gay rights organizations’ decision to oppose Roberts’ nomination to the high court comes despite his legal help in a landmark Supreme Court victory for gay rights. The LGBT advocates said that Roberts’ assistance in the case - which White House officials estimated at fewer than 10 hours’ work - was not enough to allay concerns raised by the rest of his record. The Log Cabin Republicans thus far have not taken a position on Roberts’ nomination. “We are in a wait-and-see mode right now,” LCR political director Christopher Barron told the Associated Press, adding that “it’s too early to tell” whether his group would decide to support or oppose Roberts. “A lot of this is going to come down to what we hear and what we see during the confirmation hearings.” White House spokesman Steve Schmidt said the Bush administration was not concerned about the statement because it expected liberal advocacy groups to oppose the nominee. “There are a great many groups that made a decision a long time ago to oppose whomever President Bush put forward for the Supreme Court,” Schmidt said. The national groups join in opposition to Roberts several weeks following a Wisconsin coalition of progressive groups, including Action Wisconsin, the state’s LGBT civil rights organization, announced their formal opposition. Milwaukee Vice Shuts Down Nude Revue Gay Arts Center Files $630K Suit Against City For Closing “Naked Boys Singing” Milwaukee - “Naked Boys Singing” was caught with its licenses down here August 18 as the city’s vice squad shuttered the Uncommon Theatre’s regional production of the long-running off-Broadway on what producers claim is a “mean spirited and homophobic” selective enforcement of a technicality. The Milwaukee Gay Arts Center (MGAC), the venue at where three performances of the show had occurred since its opening August 11, now has filed at $630,000 claim against the city, most of which is for an alleged violation of the not-for-profits’ civil rights. The MGAC claim seeks punitive damages, legal fees and lost revenue. Deputy City Attorney Rudolph Konrad said his office would investigate the claim to determine the facts, including interviewing the officers involved. Though the production of the revue had been touted for months with cover stories in the state’s gay press, advertisements and coverage in the mainstream arts press, the MGAC apparently neglected to file for a small theater license, something brought to light by an open records request brought on August 2 by local street preacher Drew Heiss. City records note the MGAC filed for the needed license the next day. Quest has received anonymous tips that the center was tipped off to the records request, but has been unable to confirm the claims as of deadline. Though to some the 24 hours between Heiss’ request and the MGAC’s license application may appear tied, it is just as likely to be coincidental. Heiss is best known to Milwaukee residents for his virulent anti-abortion demonstrations, and has been cited by police here and in other cities for disorderly conduct and other criminal behavior. Circuit court records list over twenty offenses and civil actions in the last thirteen years. Heiss has openly advocated for that the murderers of abortion clinic doctors and staff should be exonerated for committing “justifiable homicide.” . The Milwaukee Journal Sentinel and the Associated Press also have reported that the MGAC was visited for a records review on August 10, which was the day before the show opened. MGAC has maintained that all necessary licenses were in order and paid for on that date. The problem with the MGAC’s small theatre license was not application and payment, but approval. According to an August 12 report in the Milwaukee Journal-Sentinel, police officials said that though theatre troupe had applied for the appropriate license, it had not been approved by the city’s Common Council, which would not meet until September, after the show’s advertised run. Lt. John Kaltenbrun of the Milwaukee Police Department Vice Division compared the theatre company’s infraction to a bar operating without a liquor license and claimed the show’s nude content had nothing to do with the police action. The Gay Arts Center has countered in its damage claim that it did not need the license, as it is a non-profit entity. The MGAC also noted that previous theatre productions had been presented without incident and without the license in place. In a prepared statement Richard H. Hart, the center’s attorney claimed that “in reviewing the ordinance, it was discovered that there were exceptions to the theater licensing requirement for religious, education and charitable organizations. This was the first MGAC knew of any exemptions.” The MGAC is operated by a not-for-profit organization. At an August 25 press conference the Wisconsin chapter of the American Civil Liberties Union threw its support behind the center’s claim, which could lead to a civil lawsuit. “It appears that they have censored a constitutionally protected theater production on the pretext that the producers did not have the proper permits,” Chris Ahmuty, the executive director of the ACLU said. “Bias has no place in good police work.”Ahmuty also said the ACLU supports the center’s claim but was not involved in the legal action, though that might change in the future. “Although the police department and the city of Milwaukee would like you to believe that ‘Naked Boys Singing’ is nothing but a ‘peep show,’ it isn’t true. It’s musical theater,” revue director Mark Hooker added at the press conference. Hooker had claimed at an earlier press conference that the gay-themed show has been performed around the world without incident. However the show has been shut down on four separate occasions. The Milwaukee production marks the fourth production of the musical to be shuttered by local police forces. Others include those in gay-friendly Provincetown, MA; San Juan, Puerto Rico; and Atlanta, GA. “Naked Boys Singing” has an original 16-song score includes such numbers as “Fight the Urge,” “The Bliss of a Bris,” “Muscle Addiction,” “Nothing But the Radio On,” “Members Only” and “Window to Window.” The musical comedy revue opened in New York July 22, 1999, after a successful run at the Celebration Theatre in Los Angeles. The show’s contributing writers are Stephen Bates, Marie Cain, Shelly Markham, Jim Morgan, David Pevsner, Rayme Sciaroni, Mark Savage, Ben Schaechter, Robert Schrock, Mark Winkler and Bruce Vilanch. The revue was first seen in Wisconsin in 2003 when Madison’s Bartell Theater hosted a Chicago touring company production of the show without incident. Ironically, the current national media attention may crystallize public attention on a show that, despite massive publicity in both LGBT and mainstream media, had thus far not captured Milwaukee’s fancy, despite producers’ claims of packed houses. Quest had learned from several sources prior to the police action that “Naked Boys Singing” had failed to fill the approximately 100 seats available for the three shows at the Gay Arts Center prior to closure. Note: The following is a late-breaking update on the above story. The City of Milwaukee appears to have backed down on the small theater license requirement for the Milwaukee Gay Arts Center after reviewing documents relating to the center's not-for-profit status. The documents had been submitted with the earlier license request for a temporary Class B liquor license. The MGAC will continue with its suit against the city for lost revenues. Also, no final decision has been made about the resumption of the "Naked Boys Singing" revue. Quest will follow this story as it continues to develop, posting updates on QNU, LGBT Wisconsin's most complete daily news update website. World & National News: McCain Backs Arizona Gay Marriage Ban Tucson - More than 15 months before the next election, Senator John McCain has formally backed an initiative that would change Arizona’s Constitution to ban gay marriages and deny government benefits to unmarried couples. The Republican senator is the most prominent Arizonan thus far to add his voice to what has become a flurry of measures competing for a place on the state’s November 2006 ballot. A McCain spokesperson said it was the first time the senator had been formally asked to support the marriage amendment and the first chance he had to meet with supporters. The amendment “would allow the people of Arizona to decide on the definition of marriage in our state,” McCain said in a statement August 25. McCain, who opposes a federal constitutional amendment banning same-sex marriage, believes those are state matters. Steve May, former state lawmaker and a key opponent of the measure, said McCain is paving the way to run for the White House and wants to secure public support. “We have a year to convince John McCain and the rest of Arizonans about how harmful this measure really is,” May said. A state law already bans same-sex marriages in Arizona, but supporters of the claim that a judge could rule the law unconstitutional. Those behind the anti-gay initiative need tens of thousands of signatures from registered voters to qualify for a public vote. Arizona lawmakers are taking the public’s pulse before asking the Legislature to refer certain referendums to the ballot. In addition to the same-sex marriage initiative, Arizonans are lining up behind measures to ban smoking in public places, build a wall to keep immigrants from crossing the Arizona-Mexico border, preserve open space and raise the state’s minimum wage. California Gay Parents Win Critical Custody Rights Sacramento - Establishing unprecedented new legal protections for gay partners in custody battles, the California Supreme Court has for the second time this month put same-sex relationships on equal footing with married couples when it comes to issues such as raising children. In three separate rulings on August 21, the Supreme Court concluded that lesbians who agree to raise children borne by their partners can be considered legal parents after their relationship ends with the biological mother. All three cases involved mothers who bore children through some form of artificial reproduction from sperm or egg donors. The rulings strengthened the custody rights of non-biological parents in same-sex unions and clarified the uncertain legal landscape for thousands of gay couples across California who decide to have children. The rulings also were the latest evidence that the state’s top court is receptive to the equal protection arguments of gay and lesbian couples, a factor being watched closely as the legal battle over gay marriage moves forward in the lower courts. The Supreme Court earlier this month gave considerable legal backing to California’s new domestic partners law, ruling in a San Diego case that the law gives gay partners the same protections as married couples in terms of how they are treated by businesses. The rulings immediately drew criticism from conservative groups, who believe they will help energize proposed ballot measures aimed at restricting marriage to a man and a woman and dismantling the state’s new domestic partners law. “Today’s ruling defies logic and common sense,” Mathew Staver said. Staver is president and general counsel of Liberty Counsel, which intervened in the state Supreme Court cases. “By saying that children can have two moms, the court has undermined the family.” In the three cases, the justices, despite different factual scenarios, determined that a non-biological partner enjoys parent status if they take part in the decision to have children and then play the clear, full-time role of a parent along with the biological mother. The Supreme Court applied past decisions involving heterosexuals who conceive children through artificial reproductive science, as well as other areas of family law once reserved for mothers and fathers. In one case, the justices held that child support laws that punish deadbeat dads apply equally to estranged lesbian partners who had agreed to raise children together. In that case, the justices held that a lesbian partner who agreed to raise twins is obligated to pay child support like any parent after a breakup. California Attorney General Bill Lockyer intervened on behalf of Emily B. in her effort to get child support in El Dorado County from her ex-partner, Elisa B. “Today is an incredible day to be a parent in the state of California,” Emily said after the ruling. In a second case out of Marin County, the court found that a woman who supplied her eggs to her partner and helped raise the child is considered a parent under the law. The court, by a 4-2 vote, said the situation was different than sperm and egg donors who do not establish a parent role with the biological mother. “We perceive no reason why both parents of a child cannot be women,” Justice Carlos Moreno wrote. Justices Kathryn Mickle Werdegar and Joyce Kennard disagreed. Werdegar warned that the ruling would produce unpredictable results for custody fights around the state, and that it diminishes the birth mother’s rights. Diana Richmond, the lawyer for E.G., the birth mother in the Marin case, said the ruling could leave sperm and egg donors who do not want parent status vulnerable. However, Richmond added that all three rulings suggest the Supreme Court could prove open to arguments that California’s gay marriage ban is unconstitutional. “It is a court that appears to be free of bias against same-sex couples,” Richmond said. The third case was decided on more limited grounds. In that ruling, the justices found that a lesbian mother could not break a pre-birth agreement with her partner to share parental rights. Courtney Joslin, an attorney with the National Center for Lesbian Rights who represented Emily B. in the El Dorado case, said the Supreme Court sent a clear message that gay couples should be treated the same as heterosexuals. “Both members of a couple can be a child’s parents,” Joslin said. Date Set For Gay Marriage Constitutional Convention Boston - The debate over gay marriage in Massachusetts will resume again on September 14. The legislature voted August 25 here to hold a Constitutional Convention to debate for the second time a proposed amendment replacing gay marriage with civil unions. The House and Senate had given initial approval to the amendment last year. The Massachusetts state constitution, like Wisconsin’s, requires the legislature to approve identical language in two successive sessions before the amendment can be put before state voters in 2006. However, legislative approval of the measure a second time is in doubt, as some supporters of the initial vote say they’ve changed their minds. Gay marriage became legal in Massachusetts in May, 2004, following a ruling from the state Supreme Judicial Court. Court Okays Spokane Closet Case Mayor’s Recall Effort Olympia - The Washington state Supreme Court ruled August 24 that a petition to recall embattled Spokane Mayor James E. West can proceed. Shannon Sullivan had filed the petition in May, shortly after Spokane’s The Spokesman-Review published articles detailing how West had met men online for sex. West’s attorneys had argued that the petition bearing a single abuse-of-office charge was factually and legally insufficient. The ruling upheld a lower court decision. The ruling means recall supporters can begin collecting the required 12,700 valid signatures immediately. The recall petition alleges that West used his elected office for personal gain - specifically, that West wrote a recommendation letter to help someone he believed to be an 18-year-old man get a City Hall internship. The teen turned out to be a computer forensics expert hired by the newspaper as part of a journalistic investigation. The petition contends the recommendation possibly implied that the man would get an internship in exchange for sexual favors. Spokane County Elections Supervisor Paul Brandt said his office would have to receive the petitions no later than August 26 to verify the signatures and take other steps to get the recall on the Nov. 8 ballot. “Unless they can really get their signatures quickly, with all the deadlines, I very much doubt they could make it by the November election,” he said. If the recall cannot be included in the regularly scheduled November election, a special election could be necessary early next year. West, a conservative Republican and former state senator, has been a longtime opponent of gay rights. He has admitted having relationships with adult men but denies any misuse of office. Though he has not been charged with a crime, the FBI is investigating the multiple allegations against West. The Spokane City Council has unanimously called for West to resign, but Councilman Joe Shogan told the Associated Press that the recall election is a good alternative. “The people of the city who elected the mayor will now have the power to decide if he remains in office,” Shogan said. “It’s an opportunity for the people to be heard on the matter.” State News: Twin Ports Pride Breaks Out September 1-4 Superior/Duluth - Heralded by magazine as one of the nation’s best small town pride celebrations, the annual Duluth-Superior Twin Ports Pride kicks off with a formal mayoral celebration Thursday, September 1, at The Depot in Duluth. Following will be three days of events that include a cruise, an expanded festival, a 5K run, a bonfire, a drag show, a worship service and plenty of partying with an expected thousand attendees from the United States and Canada. The reception will run from 5-7 PM and will feature Duluth Mayor Herb Bergson’s pride proclamation, which has caused some controversy in the last six weeks since its formal announcement. Bergson’s cool handling of local religious extremists’ reaction to his diversity-inclusive message recently landed him on the cover of Minnesota’s Lavender magazine with a cover story lauding his “Northern Composure” in turning the city into a “safe harbor” for LGBT people. Interestingly, prior to his current term as mayor of Duluth, Bergson had served two terms as mayor of Superior. After signing a similar pride proclamation in his final year as Superior’s mayor, he was a victim of a hate crime when a vandal scrawled “fag” on his car. He has endured an avalanche of hate mail over the years for his pro-gay stance, though the greatest deluge followed his highly publicized July proclamation for this year’s festival. Though the mayoral reception may be the most prestigious event of the weekend, the pride celebration begins in earnest with several events on Friday, September 2. An Art, Poetry and Jazz event will run from 5-9 PM at Jitters Coffee& Tea House, 102 W. Superior St. in Duluth. Also scheduled is traditional all-night bonfire on Wisconsin Point that begins at 7 PM and lasts until dawn. Attendees are encouraged to bring a blanket, a warm jacket and mosquito repellent, two necessities for the typically cool and insect-filled late summer evenings in the north woods. Saturday will begin with the 5K Fun Run, Walk and Roll at Western Waterfront Park in Duluth. The beautiful Western Waterfront Trail runs along the St. Louis River near the Northern head of the Munger Trail. According to organizers, the primary purpose of this run is to promote health and wellness for all LGBT people along with local friends and allies. “In addition we are out to have a great time and enjoy the natural beauty of the Northland,” run organizer Gary Anderson said. The event, which has a $5 per person or $10 per family entrance fee, begins at 9 AM and is expected to last most of the morning. The pride festival itself will run from 11 AM to 7 PM at Duluth’s Bayfront Festival Park, a larger and family-friendly venue. Scheduled entertainment includes regional recording artists the Alrights, Josh Zuckerman, Sloe Loris, Prince Paul & The Conscious Party, Fattypants, members of the American National Ballet and the Life Ain’t So Serious Comedy Review. Area historian Jean Tretter will also present an exhibit on the Northland’s LGBT history. Over fifty vendors and information booths are already registered, according to festival organizers, plus there will be a wide variety of food and beverage choices for sale. There is no admission charge for the festival. New this year will be the first annual Block Party at JT’s Bar & Grill in Superior. The outdoor dance and party will cover over 1,000 square feet and run from 9 PM until bar closing. JT’s deejays will be spinning a mix of rock and pop music, and there will be four bars to serve the expected crowds for the event. Sunday will begin with a worship service and breakfast at Peace Church, 1111 N. 11th Avenue in Duluth. Breakfast will be served at 9:30 AM, followed by the service at 10:30. Peace Church is one of a half-dozen gay-affirming congregations in the Twin Ports that take turns holding the traditional pride worship service each year. This Twin Ports Pride Parade will be held in Superior, kicking off at Noon on the corner of Hammond and Broadway. The parade, which rivals Madison’s in terms of both entries and attendance, will wend its way down to the Main Club and feature music, floats filled with bare-chested young men and drag queens, leather-clad women on motorcycles, and marching units of families, friends and other allies. Following the parade will be the “infamous” annual Fruit Float, featuring Vista Cruise Lines boats. Though the Vista Star is already sold out, the second Vista King still has limited tickets available. The cruises feature live and illusionist entertainment and will leave port at 3 PM for the waters of Lake Superior. Twin Ports Pride will close with the annual drag show benefiting AIDS research and education at the Main Club Sunday evening beginning at 9 PM. Plenty of glitter and glamour are promised as both drag queens and kings are expected to strut their stuff on the club’s stage. A $5 admission charge will benefit AIDS programs. Lodging arrangements for Twin Ports feature six area hospitality providers: The Androy Hotel and Barker’s Island Inn and Conference Center in Superior and the Hawthorn Suites At Waterfront Plaza, the South Pier Inn On The Canal, the Holiday Inn Hotel & Suites and the Best Western Edgewater Resort and Waterpark in Duluth. More information about Twin Ports Pride can be found at the festival’s extensive website located at: www.dspride.com or by contacting the committee. Phone 218-728-4217, email at: dspride@hotmail.com or write the Duluth-Superior GLBTQAI Pride Committee at P. O. Box 3198, Duluth, MN 55803. Milwaukee Mayor Barrett & Wife To Chair AIDS Walk Wisconsin 2005 Milwaukee - Mayor Tom Barrett and his wife Kris have been named Honorary Chairs of AIDS Walk Wisconsin 2005. The 16th Annual Walk will take place along Milwaukee’s lakefront on Sunday, September 25. “For over twenty years Tom Barrett has shown tremendous leadership in the fight against AIDS” said Doug ARCW President and CEO. “During his years in the state legislature, as our representative in Congress and now as Milwaukee’s mayor, he fought alongside us for more AIDS funding and enlightened AIDS policy.” Barrett and his wife have long been supporters of the AIDS epidemic in Wisconsin. “Kris and I are so happy to be chairs of the AIDS Walk this year. As HIV and AIDS continues to affect people living in our community, we are proud that we can help in this way,” said Mayor Barrett. “Kris and I come to the AIDS Walk every year because AIDS remains a terrible threat in Milwaukee. We encourage everyone to come out and join us, whether this is their first year or sixteenth year participating in the Walk.” The theme for this year, “A World Without AIDS Begins With You,” reflects the commitment of thousands of walkers since 1989. Over 4,000 people are expected to walk. AIDS Walk Wisconsin is the largest single-day fundraiser for AIDS in the state. The walk along Milwaukee’s lakefront includes a 10K route and a 5K route, with both beginning and ending at the Summerfest Grounds. Baldwin To Headline HRL-PAC Garden Party Milwaukee - U.S. Congresswoman Tammy Baldwin will be the featured speaker at the annual HRL-PAC Garden Party for LGBT Equality on Sunday, September 11. The event will be held from 11 AM to 1 PM at the historic Washington Heights home of Carlton Stansbury and Scott Meier. The home, located at 5000 W. Washington Boulevard, is on the National Registry of Historic Places. “Congresswoman Baldwin hosted the first HRL-PAC Garden Party in 1999, just after her historic election to Congress,” HRL-PAC President Paul Williams said. “Since then, she has become a national advocate on many issues, including healthcare and LGBT equality. We are thrilled that she will join us again for this year’s event.” Funds raised at the event will be used to support candidates throughout Wisconsin who will fight for and defend lesbian, gay, bisexual and transgender equality. Since 1999, HRL-PAC has raised over $60,000 to help elect pro-LGBT candidates to office. “This event highlights the fact that the LGBT community is a part of every neighborhood in Milwaukee and Wisconsin,” Williams said. The annual Garden Party takes place in different neighborhoods from year to year. In 2004, the event was held on the city’s East Side, and the year prior it was held in Bay View with featured guest Senator Russ Feingold. A light brunch and cocktails will be served. The suggested donation is $100, but all donations are greatly appreciated. As Wisconsin’s only LGBT political action committee, HRL-PAC has supported over 60 pro-LGBT candidates and has sponsored community candidate forums, including the first ever LGBT-focused gubernatorial forum and a Milwaukee mayoral forum. HRL-PAC also seeks to bring LGBT voters together with candidates and elected officials at several yearly events. For more information about the Garden Party or HRL-PAC, call 414-319-9863 or visit the group’s website at: www.hrl-pac.org. Men’s Coming Out Group to Start at OutReach Madison - A ten week men’s comingout support group is forming and will begin running on Wednesday nights from September 14 through November 16, beginning at 7 PM at OutReach, Madison & south-central Wisconsin’s lesbian, gay, bisexual, and transgender community center. The group will offer support to men who are dealing with the realization that they are not heterosexual and how that affects their everyday lives and to support those people previously or currently in same sex relationships. The men’s coming out support group will identify and discuss the stages of coming out. Plans are to explore topics such as how to deal with family members, physical and sexual safety, legal rights and discrimination, and spirituality, among others. Two trained volunteers will facilitate each meeting. People who are interested in attending the meetings should leave a message for Jim with contact information by Tuesday, September 6. The OutReach LGBT Community Center, located at 600 Williamson St., has served Madison’s lesbian, gay, bisexual and transgender community since 1973, providing counseling, advocacy, education, youth information and referral services. It also offers a lending library, free publications, and meeting space. For more information, contact OutReach by phone at: 608-255-8582 or by email at: programs@outreachinc.com. Top of Page Quest Home QNU Home

National Gay Groups Oppose Roberts Nomination
Washington, DC - The Human Rights Campaign, National Gay and Lesbian Task Force, National Center for Lesbian Rights, and Parents, Families and Friends of Lesbians and Gays put out a united statement August 25 to announce opposition to the nomination of Roberts

John G. Roberts to the Supreme Court.
“Judge Roberts has such a narrow view of what the courts can and should do, it’s a wonder he wants the job at all,” Human Rights Campaign president Joe Solmonese said. “Ultimately, this is about an individual’s right to privacy. From women’s rights to religious freedom to civil rights, there is powerful evidence that Judge Roberts would rule against equality.”
“For his entire adult life, John Roberts has been a disciple of and promoted a political and legal ideology that is antithetical to an America that embraces all, including lesbian, gay, bisexual and transgender people,” National Gay and Lesbian Task Force executive director Matt Foreman said. “He has denigrated the nature and scope of the constitutional rights to privacy, equal protection and due process as well as federal government’s role in confronting injustice. I have no doubt he’s an accomplished lawyer and an affable dinner companion, but that doesn’t make him any less a mortal danger to equal rights for gay people, reproductive freedom and affirmation action.”
“There is nothing in Roberts’ history as a lawyer, policymaker or judge to indicate that he would be anything other than hostile to the claims of those seeking to preserve affirmative action, reproductive freedom and fundamental rights, or for those seeking to ensure that the emerging protections expressed in Romer v. Evans and Lawrence v. Texas become truly meaningful in the lives of lesbian, gay, bisexual and transgender Americans,” National Center for Lesbian Rights executive director Kate Kendell added.
“The stakes for gay, lesbian, bisexual and transgender Americans are too high,” Parents, Families and Friends of Lesbians and Gays executive director Jody Huckaby concluded. “We cannot sit back and allow a man with a demonstrated record of hostility towards privacy and minority rights to make decisions on our nation’s highest court that will affect this nation for generations to come. After a thorough review of the selective documents released by the White House, PFLAG is convinced that nominee John Roberts should not be trusted to protect the fundamental rights and freedoms of all Americans.”
The four leading gay rights organizations’ decision to oppose Roberts’ nomination to the high court comes despite his legal help in a landmark Supreme Court victory for gay rights. The LGBT advocates said that Roberts’ assistance in the case - which White House officials estimated at fewer than 10 hours’ work - was not enough to allay concerns raised by the rest of his record.
The Log Cabin Republicans thus far have not taken a position on Roberts’ nomination. “We are in a wait-and-see mode right now,” LCR political director Christopher Barron told the Associated Press, adding that “it’s too early to tell” whether his group would decide to support or oppose Roberts. “A lot of this is going to come down to what we hear and what we see during the confirmation hearings.”
White House spokesman Steve Schmidt said the Bush administration was not concerned about the statement because it expected liberal advocacy groups to oppose the nominee. “There are a great many groups that made a decision a long time ago to oppose whomever President Bush put forward for the Supreme Court,” Schmidt said.
The national groups join in opposition to Roberts several weeks following a Wisconsin coalition of progressive groups, including Action Wisconsin, the state’s LGBT civil rights organization, announced their formal opposition.

Milwaukee Vice Shuts Down Nude Revue
Gay Arts Center Files $630K Suit Against City For Closing “Naked Boys Singing”
Milwaukee - “Naked Boys Singing” was caught with its licenses down here August 18 as the city’s vice squad shuttered the Uncommon Theatre’s regional production of the long-running off-Broadway on what producers claim is a “mean spirited and NBS

homophobic” selective enforcement of a technicality. The Milwaukee Gay Arts Center (MGAC), the venue at where three performances of the show had occurred since its opening August 11, now has filed at $630,000 claim against the city, most of which is for an alleged violation of the not-for-profits’ civil rights.
The MGAC claim seeks punitive damages, legal fees and lost revenue. Deputy City Attorney Rudolph Konrad said his office would investigate the claim to determine the facts, including interviewing the officers involved.
Though the production of the revue had been touted for months with cover stories in the state’s gay press, advertisements and coverage in the mainstream arts press, the MGAC apparently neglected to file for a small theater license, something brought to light by an open records request brought on August 2 by local street preacher Drew Heiss. City records note the MGAC filed for the needed license the next day. Quest has received anonymous tips that the center was tipped off to the records request, but has been unable to confirm the claims as of deadline. Though to some the 24 hours between Heiss’ request and the MGAC’s license application may appear tied, it is just as likely to be coincidental.
Heiss is best known to Milwaukee residents for his virulent anti-abortion demonstrations, and has been cited by police here and in other cities for disorderly conduct and other criminal behavior. Circuit court records list over twenty offenses and civil actions in the last thirteen years. Heiss has openly advocated for that the murderers of abortion clinic doctors and staff should be exonerated for committing “justifiable homicide.” .
The Milwaukee Journal Sentinel and the Associated Press also have reported that the MGAC was visited for a records review on August 10, which was the day before the show opened. MGAC has maintained that all necessary licenses were in order and paid for on that date.
The problem with the MGAC’s small theatre license was not application and payment, but approval. According to an August 12 report in the Milwaukee Journal-Sentinel, police officials said that though theatre troupe had applied for the appropriate license, it had not been approved by the city’s Common Council, which would not meet until September, after the show’s advertised run. Lt. John Kaltenbrun of the Milwaukee Police Department Vice Division compared the theatre company’s infraction to a bar operating without a liquor license and claimed the show’s nude content had nothing to do with the police action.
The Gay Arts Center has countered in its damage claim that it did not need the license, as it is a non-profit entity. The MGAC also noted that previous theatre productions had been presented without incident and without the license in place. In a prepared statement Richard H. Hart, the center’s attorney claimed that “in reviewing the ordinance, it was discovered that there were exceptions to the theater licensing requirement for religious, education and charitable organizations. This was the first MGAC knew of any exemptions.” The MGAC is operated by a not-for-profit organization.
At an August 25 press conference the Wisconsin chapter of the American Civil Liberties Union threw its support behind the center’s claim, which could lead to a civil lawsuit. “It appears that they have censored a constitutionally protected theater production on the pretext that the producers did not have the proper permits,” Chris Ahmuty, the executive director of the ACLU said. “Bias has no place in good police work.”Ahmuty also said the ACLU supports the center’s claim but was not involved in the legal action, though that might change in the future.
“Although the police department and the city of Milwaukee would like you to believe that ‘Naked Boys Singing’ is nothing but a ‘peep show,’ it isn’t true. It’s musical theater,” revue director Mark Hooker added at the press conference.
Hooker had claimed at an earlier press conference that the gay-themed show has been performed around the world without incident. However the show has been shut down on four separate occasions. The Milwaukee production marks the fourth production of the musical to be shuttered by local police forces. Others include those in gay-friendly Provincetown, MA; San Juan, Puerto Rico; and Atlanta, GA.
“Naked Boys Singing” has an original 16-song score includes such numbers as “Fight the Urge,” “The Bliss of a Bris,” “Muscle Addiction,” “Nothing But the Radio On,” “Members Only” and “Window to Window.” The musical comedy revue opened in New York July 22, 1999, after a successful run at the Celebration Theatre in Los Angeles. The show’s contributing writers are Stephen Bates, Marie Cain, Shelly Markham, Jim Morgan, David Pevsner, Rayme Sciaroni, Mark Savage, Ben Schaechter, Robert Schrock, Mark Winkler and Bruce Vilanch.
The revue was first seen in Wisconsin in 2003 when Madison’s Bartell Theater hosted a Chicago touring company production of the show without incident. Ironically, the current national media attention may crystallize public attention on a show that, despite massive publicity in both LGBT and mainstream media, had thus far not captured Milwaukee’s fancy, despite producers’ claims of packed houses. Quest had learned from several sources prior to the police action that “Naked Boys Singing” had failed to fill the approximately 100 seats available for the three shows at the Gay Arts Center prior to closure.
Note: The following is a late-breaking update on the above story. The City of Milwaukee appears to have backed down on the small theater license requirement for the Milwaukee Gay Arts Center after reviewing documents relating to the center's not-for-profit status. The documents had been submitted with the earlier license request for a temporary Class B liquor license. The MGAC will continue with its suit against the city for lost revenues. Also, no final decision has been made about the resumption of the "Naked Boys Singing" revue. Quest will follow this story as it continues to develop, posting updates on QNU, LGBT Wisconsin's most complete daily news update website.

McCain Backs Arizona Gay Marriage Ban
Tucson - More than 15 months before the next election, Senator John McCain has formally backed an initiative that would change Arizona’s Constitution to ban gay marriages and deny government benefits to unmarried couples. The Republican senator is the most McCain

prominent Arizonan thus far to add his voice to what has become a flurry of measures competing for a place on the state’s November 2006 ballot.
A McCain spokesperson said it was the first time the senator had been formally asked to support the marriage amendment and the first chance he had to meet with supporters. The amendment “would allow the people of Arizona to decide on the definition of marriage in our state,” McCain said in a statement August 25. McCain, who opposes a federal constitutional amendment banning same-sex marriage, believes those are state matters.
Steve May, former state lawmaker and a key opponent of the measure, said McCain is paving the way to run for the White House and wants to secure public support. “We have a year to convince John McCain and the rest of Arizonans about how harmful this measure really is,” May said.
A state law already bans same-sex marriages in Arizona, but supporters of the claim that a judge could rule the law unconstitutional. Those behind the anti-gay initiative need tens of thousands of signatures from registered voters to qualify for a public vote.
Arizona lawmakers are taking the public’s pulse before asking the Legislature to refer certain referendums to the ballot. In addition to the same-sex marriage initiative, Arizonans are lining up behind measures to ban smoking in public places, build a wall to keep immigrants from crossing the Arizona-Mexico border, preserve open space and raise the state’s minimum wage.

California Gay Parents Win Critical Custody Rights
Sacramento - Establishing unprecedented new legal protections for gay partners in custody battles, the California Supreme Court has for the second time this month put same-sex relationships on equal footing with married couples when it comes to issues such as raising children. In three separate rulings on August 21, the Supreme Court concluded that lesbians who agree to raise children borne by their partners can be considered legal parents after their relationship ends with the biological mother. All three cases involved mothers who bore children through some form of artificial reproduction from sperm or egg donors.
The rulings strengthened the custody rights of non-biological parents in same-sex unions and clarified the uncertain legal landscape for thousands of gay couples across California who decide to have children. The rulings also were the latest evidence that the state’s top court is receptive to the equal protection arguments of gay and lesbian couples, a factor being watched closely as the legal battle over gay marriage moves forward in the lower courts.
The Supreme Court earlier this month gave considerable legal backing to California’s new domestic partners law, ruling in a San Diego case that the law gives gay partners the same protections as married couples in terms of how they are treated by businesses.
The rulings immediately drew criticism from conservative groups, who believe they will help energize proposed ballot measures aimed at restricting marriage to a man and a woman and dismantling the state’s new domestic partners law. “Today’s ruling defies logic and common sense,” Mathew Staver said. Staver is president and general counsel of Liberty Counsel, which intervened in the state Supreme Court cases. “By saying that children can have two moms, the court has undermined the family.”
In the three cases, the justices, despite different factual scenarios, determined that a non-biological partner enjoys parent status if they take part in the decision to have children and then play the clear, full-time role of a parent along with the biological mother.
The Supreme Court applied past decisions involving heterosexuals who conceive children through artificial reproductive science, as well as other areas of family law once reserved for mothers and fathers. In one case, the justices held that child support laws that punish deadbeat dads apply equally to estranged lesbian partners who had agreed to raise children together.
In that case, the justices held that a lesbian partner who agreed to raise twins is obligated to pay child support like any parent after a breakup. California Attorney General Bill Lockyer intervened on behalf of Emily B. in her effort to get child support in El Dorado County from her ex-partner, Elisa B. “Today is an incredible day to be a parent in the state of California,” Emily said after the ruling.
In a second case out of Marin County, the court found that a woman who supplied her eggs to her partner and helped raise the child is considered a parent under the law. The court, by a 4-2 vote, said the situation was different than sperm and egg donors who do not establish a parent role with the biological mother. “We perceive no reason why both parents of a child cannot be women,” Justice Carlos Moreno wrote.
Justices Kathryn Mickle Werdegar and Joyce Kennard disagreed. Werdegar warned that the ruling would produce unpredictable results for custody fights around the state, and that it diminishes the birth mother’s rights.
Diana Richmond, the lawyer for E.G., the birth mother in the Marin case, said the ruling could leave sperm and egg donors who do not want parent status vulnerable. However, Richmond added that all three rulings suggest the Supreme Court could prove open to arguments that California’s gay marriage ban is unconstitutional. “It is a court that appears to be free of bias against same-sex couples,” Richmond said.
The third case was decided on more limited grounds. In that ruling, the justices found that a lesbian mother could not break a pre-birth agreement with her partner to share parental rights.
Courtney Joslin, an attorney with the National Center for Lesbian Rights who represented Emily B. in the El Dorado case, said the Supreme Court sent a clear message that gay couples should be treated the same as heterosexuals. “Both members of a couple can be a child’s parents,” Joslin said.

Date Set For Gay Marriage Constitutional Convention
Boston - The debate over gay marriage in Massachusetts will resume again on September 14. The legislature voted August 25 here to hold a Constitutional Convention to debate for the second time a proposed amendment replacing gay marriage with civil unions.
The House and Senate had given initial approval to the amendment last year. The Massachusetts state constitution, like Wisconsin’s, requires the legislature to approve identical language in two successive sessions before the amendment can be put before state voters in 2006.
However, legislative approval of the measure a second time is in doubt, as some supporters of the initial vote say they’ve changed their minds. Gay marriage became legal in Massachusetts in
May, 2004, following a ruling from the state Supreme Judicial Court.

Court Okays Spokane Closet Case Mayor’s Recall Effort
Olympia - The Washington state Supreme Court ruled August 24 that a petition to recall embattled Spokane
Mayor James E. West can proceed. Shannon Sullivan had filed the petition in May, shortly after Spokane’s The Spokesman-Review West

published articles detailing how West had met men online for sex.
West’s attorneys had argued that the petition bearing a single abuse-of-office charge was factually and legally insufficient. The ruling upheld a lower court decision. The ruling means recall supporters can begin collecting the required 12,700 valid signatures immediately.
The recall petition alleges that West used his elected office for personal gain - specifically, that West wrote a recommendation letter to help someone he believed to be an 18-year-old man get a City Hall internship. The teen turned out to be a computer forensics expert hired by the newspaper as part of a journalistic investigation. The petition contends the recommendation possibly implied that the man would get an internship in exchange for sexual favors.
Spokane County Elections Supervisor Paul Brandt said his office would have to receive the petitions no later than August 26 to verify the signatures and take other steps to get the recall on the Nov. 8 ballot. “Unless they can really get their signatures quickly, with all the deadlines, I very much doubt they could make it by the November election,” he said. If the recall cannot be included in the regularly scheduled November election, a special election could be necessary early next year.
West, a conservative Republican and former state senator, has been a longtime opponent of gay rights. He has admitted having relationships with adult men but denies any misuse of office. Though he has not been charged with a crime, the FBI is investigating the multiple allegations against West.
The Spokane City Council has unanimously called for West to resign, but Councilman Joe Shogan told the Associated Press that the recall election is a good alternative. “The people of the city who elected the mayor will now have the power to decide if he remains in office,” Shogan said. “It’s an opportunity for the people to be heard on the matter.”

Twin Ports Pride Breaks Out September 1-4
Superior/Duluth - Heralded by magazine as one of the nation’s best small town pride celebrations, the annual Duluth-Superior Twin Ports Pride kicks off with a formal mayoral celebration Thursday, September 1, at The Depot in Duluth. Following will be three days

of events that include a cruise, an expanded festival, a 5K run, a bonfire, a drag show, a worship service and plenty of partying with an expected thousand attendees from the United States and Canada.
The reception will run from 5-7 PM and will feature Duluth Mayor Herb Bergson’s pride proclamation, which has caused some controversy in the last six weeks since its formal announcement. Bergson’s cool handling of local religious extremists’ reaction to his diversity-inclusive message recently landed him on the cover of Minnesota’s Lavender magazine with a cover story lauding his “Northern Composure” in turning the city into a “safe harbor” for LGBT people.
Interestingly, prior to his current term as mayor of Duluth, Bergson had served two terms as mayor of Superior. After signing a similar pride proclamation in his final year as Superior’s mayor, he was a victim of a hate crime when a vandal scrawled “fag” on his car. He has endured an avalanche of hate mail over the years for his pro-gay stance, though the greatest deluge followed his highly publicized July proclamation for this year’s festival.
Though the mayoral reception may be the most prestigious event of the weekend, the pride celebration begins in earnest with several events on Friday, September 2. An Art, Poetry and Jazz event will run from 5-9 PM at Jitters Coffee& Tea House, 102 W. Superior St. in Duluth. Also scheduled is traditional all-night bonfire on Wisconsin Point that begins at 7 PM and lasts until dawn. Attendees are encouraged to bring a blanket, a warm jacket and mosquito repellent, two necessities for the typically cool and insect-filled late summer evenings in the north woods.
Saturday will begin with the 5K Fun Run, Walk and Roll at Western Waterfront Park in Duluth. The beautiful Western Waterfront Trail runs along the St. Louis River near the Northern head of the Munger Trail.
According to organizers, the primary purpose of this run is to promote health and wellness for all LGBT people along with local friends and allies. “In addition we are out to have a great time and enjoy the natural beauty of the Northland,” run organizer Gary Anderson said.
The event, which has a $5 per person or $10 per family entrance fee, begins at 9 AM and is expected to last most of the morning.
The pride festival itself will run from 11 AM to 7 PM at Duluth’s Bayfront Festival Park, a larger and family-friendly venue. Scheduled entertainment includes regional recording artists the Alrights, Josh Zuckerman, Sloe Loris, Prince Paul & The Conscious Party, Fattypants, members of the American National Ballet and the Life Ain’t So Serious Comedy Review. Area historian Jean Tretter will also present an exhibit on the Northland’s LGBT history. Over fifty vendors and information booths are already registered, according to festival organizers, plus there will be a wide variety of food and beverage choices for sale. There is no admission charge for the festival.
New this year will be the first annual Block Party at JT’s Bar & Grill in Superior. The outdoor dance and party will cover over 1,000 square feet and run from 9 PM until bar closing. JT’s deejays will be spinning a mix of rock and pop music, and there will be four bars to serve the expected crowds for the event.
Sunday will begin with a worship service and breakfast at Peace Church, 1111 N. 11th Avenue in Duluth. Breakfast will be served at 9:30 AM, followed by the service at 10:30. Peace Church is one of a half-dozen gay-affirming congregations in the Twin Ports that take turns holding the traditional pride worship service each year.
This Twin Ports Pride Parade will be held in Superior, kicking off at Noon on the corner of Hammond and Broadway. The parade, which rivals Madison’s in terms of both entries and attendance, will wend its way down to the Main Club and feature music, floats filled with bare-chested young men and drag queens, leather-clad women on motorcycles,
and marching units of families, friends and other allies.
Following the parade will be the “infamous” annual Fruit Float, featuring Vista Cruise Lines boats. Though the Vista Star is already sold out, the second Vista King still has limited tickets available. The cruises feature live and illusionist entertainment and will leave port at 3 PM for the waters of Lake Superior.
Twin Ports Pride will close with the annual drag show benefiting AIDS research and education at the Main Club Sunday evening beginning at 9 PM. Plenty of glitter and glamour are promised as both drag queens and kings are expected to strut their stuff on the club’s stage. A $5 admission charge will benefit AIDS programs.
Lodging arrangements for Twin Ports feature six area hospitality providers: The Androy Hotel and Barker’s Island Inn and Conference Center in Superior and the Hawthorn Suites At Waterfront Plaza, the South Pier Inn On The Canal, the Holiday Inn Hotel & Suites and the Best Western Edgewater Resort and Waterpark in Duluth. More information about Twin Ports Pride can be found at the festival’s extensive website located at: www.dspride.com or by contacting the committee. Phone 218-728-4217, email at: dspride@hotmail.com or write the Duluth-Superior GLBTQAI Pride Committee at P. O. Box 3198, Duluth, MN 55803.

Milwaukee Mayor Barrett & Wife To Chair AIDS Walk Wisconsin 2005
Milwaukee - Mayor Tom Barrett and his wife Kris have been named Honorary Chairs of AIDS Walk Wisconsin 2005. The 16th Barrett

Annual Walk will take place along Milwaukee’s lakefront on Sunday, September 25.
“For over twenty years Tom Barrett has shown tremendous leadership in the fight against AIDS” said Doug ARCW President and CEO. “During his years in the state legislature, as our representative in Congress and now as Milwaukee’s mayor, he fought alongside us for more AIDS funding and enlightened AIDS policy.”
Barrett and his wife have long been supporters of the AIDS epidemic in Wisconsin. “Kris and I are so happy to be chairs of the AIDS Walk this year. As HIV and AIDS continues to affect people living in our community, we are proud that we can help in this way,” said Mayor Barrett. “Kris and I come to the AIDS Walk every year because AIDS remains a terrible threat in Milwaukee. We encourage everyone to come out and join us, whether this is their first year or sixteenth year participating in the Walk.”
The theme for this year, “A World Without AIDS Begins With You,” reflects the commitment of thousands of walkers since 1989. Over 4,000 people are expected to walk. AIDS Walk Wisconsin is the largest single-day fundraiser for AIDS in the state. The walk along Milwaukee’s lakefront includes a 10K route and a 5K route, with both beginning and ending at the Summerfest Grounds.

Baldwin To Headline HRL-PAC Garden Party
Milwaukee - U.S. Congresswoman Tammy Baldwin will be the featured speaker at the annual HRL-PAC Garden Party for LGBT Equality on Sunday, September 11. The event will be held from 11 AM to 1 PM at the historic Washington Heights home of Carlton

Stansbury and Scott Meier. The home, located at 5000 W. Washington Boulevard, is on the National Registry of Historic Places.
“Congresswoman Baldwin hosted the first HRL-PAC Garden Party in 1999, just after her historic election to Congress,” HRL-PAC President Paul Williams said. “Since then, she has become a national advocate on many issues, including healthcare and LGBT equality. We are thrilled that she will join us again for this year’s event.”
Funds raised at the event will be used to support candidates throughout Wisconsin who will fight for and defend lesbian, gay, bisexual and transgender equality. Since 1999, HRL-PAC has raised over $60,000 to help elect pro-LGBT candidates to office.
“This event highlights the fact that the LGBT community is a part of every neighborhood in Milwaukee and Wisconsin,” Williams said. The annual Garden Party takes place in different neighborhoods from year to year. In 2004, the event was held on the city’s East Side, and the year prior it was held in Bay View with featured guest Senator Russ Feingold.
A light brunch and cocktails will be served. The suggested donation is $100, but all donations are greatly appreciated.
As Wisconsin’s only LGBT political action committee, HRL-PAC has supported over 60 pro-LGBT candidates and has sponsored community candidate forums, including the first ever LGBT-focused gubernatorial forum and a Milwaukee mayoral forum. HRL-PAC also seeks to bring LGBT voters together with candidates and elected officials at several yearly events.
For more information about the Garden Party or HRL-PAC, call 414-319-9863 or visit the group’s website at: www.hrl-pac.org.

Men’s Coming Out Group to Start at OutReach
Madison - A ten week men’s comingout support group is forming and will begin running on Wednesday nights from September 14

through November 16, beginning at 7 PM at OutReach, Madison & south-central Wisconsin’s lesbian, gay, bisexual, and transgender community center.
The group will offer support to men who are dealing with the realization that they are not heterosexual and how that affects their everyday lives and to support those people previously or currently in same sex relationships. The men’s coming out support group will identify and discuss the stages of coming out.
Plans are to explore topics such as how to deal with family members, physical and sexual safety, legal rights and discrimination, and spirituality, among others. Two trained volunteers will facilitate each meeting.
People who are interested in attending the meetings should leave a message for Jim with contact information by Tuesday, September 6.
The OutReach LGBT Community Center, located at 600 Williamson St., has served Madison’s lesbian, gay, bisexual and transgender community since 1973, providing counseling, advocacy, education, youth information and referral services. It also offers a lending library, free publications, and meeting space. For more information, contact OutReach by phone at: 608-255-8582 or by email at: programs@outreachinc.com.