Puerto Rico Jumps on Board

Well, it had to happen, and it did, and predictably…

…not everybody is happy about it.

The “it” in question being the federal lawsuit that Ada Conde filed on Tuesday to have her marriage to her same-sex partner, Yvonne Álvarez Vélez, legally recognized in Puerto Rico.

The couple was married in 2004 in Massachusetts, the first state to allow same-sex marriages. And since Puerto Rico amended the statute on marriage in 1999 to define marriage as existing between a man and a woman—Conde and Álvarez are out in the cold (however cold it may be in Puerto Rico….)

And that last parenthesis has some degree of truth—though we occasionally think of ourselves as backwards on LGBTQ issues, we actually don’t do badly, especially when compared to the rest of the Caribbean. As proof, I commend you to an article in USA Today with the headline “Puerto Rico Slowly Warms to More Gay Rights.”

We have, for example, law 238 of 2013 that bans discrimination based on sexual orientation and gender identity. As well, the laws that deal with domestic violence have been expanded to include all households, including gay and lesbian ones. In addition, our hate crime legislation was amended to include sexual orientation as a protected category.

There have been setbacks. The state Supreme Court upheld the law banning gay couples from adopting kids, and last year some 200,000 people, whipped up by a pastor named Wanda Rolón, marched against same-sex marriage. But consider that, in Jamaica recently, a 26-year old gay activist was found stabbed to death; overall, Puerto Rico is doing well on LGBT issues.

Which you might not know—judging from the comments in the local newspaper about the federal lawsuit that Conde filed. Here’s a sample—by no means the most virulent:

Gracias por llamarnos retrógrados. Ahora, pregunto yo: Desde cuando el matrimonio es un derecho civil??? Dónde está eso en la Constitución como derecho garantizado? El problema es que en algún momento algún tipo entonces se vá a presentar y decir que sus derechos civiles fueron cuartados porque no lo dejan casarse con, por ejemplo, su pingüino. Es lo que llamamos el /slippery slope/...una vez que esto empieza, dónde termina? La sociedad va en decadencia. eso es todo! [Sic.]

(“Thanks for calling us retrograde. Now I wonder: since when is marriage a civil right??? Where in the constitution is it a guaranteed right? The problem is that at some moment somebody is going to stand up and say that his rights were violated because they didn’t let him marry, for example, his penguin. It’s what we call the slippery slope—once you start, where do you stop? Society is going into decadency—that’s all!”)

And even more ingenious critique comes from the perennial Jorge Raschke, an evangelical minister who brings his “Clamor a Dios” to the capitol steps every Labor Day. Here’s what he has to say:

Puerto Rico es una jurisdicción no definida de los Estados Unidos y no puede imponer sus valores culturales y sus decisiones en lo que toca a su cultura porque en esa área lo que impera es el derecho internacional”, dijo Raschke.

(“Puerto Rico is an undefined territory of the United States and the US cannot impose its cultural values and decisions as to its culture because in that area international law applies,” said Raschke.)

Hmmm—shades of the argument Ugandans raise that the West cannot impose its views on homosexuality on Africa, that somehow it’s part of African identity to be homophobic?

And so we’re left with two questions. The first is whether the commonwealth is going to defend the statute defining marriage as between a man and a woman. The current government is generally pro-gay; several voices in the ruling party are urging the Secretary of Justice not to defend the statute.

Lastly, there’s the question of whether the suit will succeed. One commentator, Eudaldo Báez Galib, calls the federal court “un ambiente bueno”—a favorable environment. But who knows?

Last weekend I met a man from Wisconsin who mentioned that he had married his partner, a young man from Russia who is in the United States on a student visa. In the course of the conversation, it developed that the young man would have to return to Russia for a period of time before being able to renew his visa.

It raised a difficult question—how could the United States morally send back a young gay man to a country with draconian anti-gay laws, and with rising hate crimes directed against gay people? And had that consideration been behind the decision for the two to get married?

It’s easy for some people to see the issue of same-sex marriage as a moral or social issue. But for many of us, it’s a profoundly practical one. If I die today, my property goes to my legal heirs, in this case my two brothers. If Raf goes into Intensive Care, I’m dependent on his parents for allowing me to visit. Social Security? Estate taxes? The list goes on and on.

As does the fight!

The Vivid Air

He’s a gay guy from perhaps the most homophobic country in the world—Jamaica—and he won an award named after the slain activist from a country that could also be the most homophobic country in the world—Uganda.

Well, Jamaica is in the news lately, since a transgendered teen, Dwayne Jones, was shot, stabbed, beaten and then run over by a car last weekend. Right—that’s pretty homophobic. But what’s even worse is that Jones’ father had driven him from the family home, and joined the group of neighbors who drove him from the neighborhood.

So he was living, this 16-year old kid, with three others in a derelict house in Montego Bay. He went to a party, was dancing, and someone noticed his feet, which were abnormally large for a woman’s. He tried to run; he didn’t get away.

What’s behind the persecution? Well, there’s a law dating from 150 years back banning sodomy. There was a tradition in colonial times of sodomizing black slaves as a form of punishment. There are the usual right-wing fundamentalists who have whipped up the masses in places like Uganda—remember Scott Lively? But Jamaica has found a native ingredient to toss into the usual stew—and that’s hate-mongering reggae singers.

Things are so bad for gay people in Jamaica that a lot of them are fleeing—or trying to. That’s what Maurice Tomlinson did when a local newspaper outed him; he immediately began receiving death threats. So he escaped to Canada, where he married his soul mate, Tom Decker.

“In Canada I have a husband, in Jamaica I have a good friend,” he said recently, when he also revealed that he’s had three death threats since the local Jamaican press published the news. So he no longer goes to bars or even parties—he’s under a modified, self-imposed house arrest.

The good news is that he won in 2012 the David Kato Vision and Voice Award. And that has given him, he says, a place at the table; with that, and the support of his organization…well, let him tell the story:

I was able to be a part of the first ever legal challenge to the Jamaican anti-sodomy law before the Inter-American Commission on Human Rights, successfully challenged Coca-Cola for their support of homophobic murder musicians in Jamaica, launched a constitutional claim against Jamaican television stations for their refusal to air a tolerance-themed ad in which I appear, confronted the government of Trinidad about its atrocious immigration law that bans the entry of marginalized groups such as the disabled, homosexuals and sex workers, and also traveled the world to share with other LGBT advocacy groups the hard-won skills I developed as an activist. It was also AIDS-Free World that nominated me for the David Kato Vision and Voice award. I simply could not have achieved my advocacy successes without them by my side. So I publicly thank AIDS-Free World and hope my successor has an equally supportive organization or group to call 'home.'

So who, you might ask, is David Kato?

Kato was the first openly gay Ugandan, a teacher, a man who had lived for six years in South Africa, which was more liberal. Returning to Uganda, Kato made the decision to come out, did so at a press conference, and got jailed for a week because of it. This, however, didn’t stop him—he went on to become one of the founding members of SMUG—Sexual Minorities Uganda. In 2010, he gave up teaching, and worked full time as an activist.

But the year before, he had attended a UN human rights conference. Here’s Wikipedia on the subject:

According to a series of confidential cables written by a Kampala-based United States diplomat and later released by WikiLeaks, Kato spoke during a November 2009 United Nations-funded consultative conference on human rights. During the conference, Kato spoke on the issue of LGBT rights and the anti-LGBT atmosphere in the country, but members of the Uganda Human Rights Commission "openly joked and snickered" during the speech, and a rumor circulated that David Bahati MP, the leading proponent of the Uganda Anti-Homosexuality Bill, had ordered the Inspector General of Police to arrest Kato, causing Kato and other attending members of SMUG to leave the conference immediately after he finished the speech. Bahati then made a "tirade against homosexuality" to the conference, resulting in massive applause and Martin Ssempa, an Evangelical Christian cleric, pounding his fist on the table in agreement.[7]

And then, a local newspaper published his name and address—as they did of a hundred other persons—in an inflammatory campaign to out gay people. (How inflammatory? If memory serves, one of the banners read, “HANG THEM!)

Kato took the newspaper to court—he won, and got a $600 settlement.

He never got to enjoy that 600 bucks; he was murdered shortly afterwards. But even after death, the insults continued. Back to Wikipedia for a description of the event:

Kato's funeral was held on January 28, 2011, in Nakawala. Present at the funeral were family, friends and co-activists, many of whom wore t-shirts bearing his photo in front, the Portuguese "la [sic] luta continua" in the back and having rainbow flag colors inscribed onto the sleeves.[19] However, the Christian preacher at the funeral preached against the gays and lesbians present, making comparisons to Sodom and Gomorrah, before the activists ran to the pulpit and grabbed the microphone from him, forcing him to retreat from the pulpit to Kato's father's house. An unidentified female activist angrily exclaimed "Who are you to judge others?" and villagers sided with the preacher as scuffles broke out during the proceedings. Villagers refused to bury Kato at his burial place; the task was then undertaken by his friends and co-workers, most of whom were gay.[20] In place of the preacher who left the scene after the fighting, excommunicated Anglican Church of Uganda bishop Christopher Ssenyonjo officiated Kato's burial in the presence of friends and cameras.

Right—that’s one you’d remember!

And who, by the way, is excommunicated Bishop Christopher Ssenyonjo, and why is he excommunicated?

Well, he’s a theologian who studied at Union Theological Seminary and was ordained at St. John the Divine. He’s an LGBT activist who got into a scrap with the archbishop, who turned around and excommunicated him.

 Homosexuality is illegal in more than 70 countries, but that’s the least of the problem. What’s truly scary is that there are places in the world—Russia, Jamaica, Uganda—where LGBT people live very realistically in fear for their lives. And there are people like David Kato and Maurice Tomlinson who—against all odds, despite the churning stomachs, the sweaty palms, the dry mouths—find the courage to stand up, speak out, tell the truth to power.

Women and men who leave the vivid air, as the poet said, signed with their honor.