Date: Mon, 15 May 1995 11:17:35 -0400 From: Virginians For Justice THE VOICE OF VIRGINIANS FOR JUSTICE MAY-JUNE 1995 THE BOTTOMS DECISION: IMPLICATIONS OF INJUSTICE On April 21, when the Virginia Supreme Court announced its 4-3 decision granting custody of young Tyler Doustou to his grandmother, advocates of equal justice across the country were left reeling. Virginia's lesbian and gay parents were particularly anxious, anticipating that the decision might have far reaching implications in all child custody cases. The decision is clearly a tragedy for Tyler and his family; Sharon Bottoms and her partner, April Wade, however it is unclear how it will affect other custody cases in which a parent's sexual orientation is an issue. Several attorneys have advised Virginians for Justice that, despite the decision's obviously homophobic underpinnings, the Court did create a minuscule amount of new maneuverability for future custody cases, even those involving a child's parents rather than a third party. It is difficult to find anything positive in the decision, but for the first time, the Court wrote that there is no per se rule that gays and lesbians can be denied custody based solely on their sexual orientation. The Court left intact the ability for judges to consider a parent's sexual orientation, but they wrote that it cannot be the deciding factor. However, this logic is bit stretched, to say the least, considering that the Court destroyed Tyler's family solely because of Sharon's lesbianism. The majority opinion is filled with attempts to exhibit deciding factors other than sexual orientation to justify their denial of a per se rule, but as social workers and attorneys have told VJ, none of these factors are sufficient grounds for a child's removal from a heterosexual parent. Particularly disturbing was the Court's reliance on alleged abuse by Sharon and/or April. VJ believes that the Court was again attempting to rationalize its homophobia. In testimony before the Circuit Court and the subsequent Court of Appeals and Supreme Court hearings, no evidence was submitted or confirmed that indicated physical abuse of any kind by either Sharon or April. SELECTIVE USE OF C.A.N. DRIVES DECISION Despite their protests otherwise, the Supreme Court's decision was rooted in homophobia and Virginia's archaic Crimes Against Nature (CAN) law. The majority referenced the fact that felonious activities (violations of the CAN law) had admittedly occurred in the Bottoms household. The CAN law prohibits, among other things, all oral and anal sex, regardless of the participants' sexual orientation, so it is outrageously hypocritical for the highest court in Virginia to posit that this should be a deciding factor in child custody cases. It is more than likely that the justices themselves should be denied custody of their own children if the rationale extends to heterosexuals. In coming weeks VJ will be finalizing a long-term strategy for using the injustice of the Bottoms decision as a prime example of unequal enforcement of the CAN law. We are exploring several options, including an awareness campaign in the general public and in the legislature and soliciting large employers in the Commonwealth for their assistance. Details of our campaign will be released in June. Sharon's attorneys at the Virginia ACLU are petitioning the Virginia Supreme Court to rehear the case based on the closeness (4-3) and perceived ineptitude of the decision. If this petition is denied, a common result, then the only option is the US Supreme Court. This is also considered a long shot because the federal justices take only 1 of every 500 cases that are submitted. Plans for a Supreme Court appeal have not been revealed by the ACLU. VJ advises continued caution by all lesbian and gay parents in Virginia. It may be that the Bottoms decision will maintain the status quo, i.e., custody will continue to be decided by the regressive or progress leanings of individual judges in the family courts. If the Bottoms decision should hold, lesbian and gay parents may need to wait until a more definitive precedent is set by Virginia's courts. VJ'S ANNUAL HATE CRIMES REPORT Each year, Virginians For Justice produces a report to analyze the hate violence against the Commonwealth's gay and lesbian community in the hopes that the citizens of the Commonwealth will band together and put an end to the violent intimidation that is a part of every day in the life of a gay man or lesbian. The incidents that we document are reported to our 1-800-2JUSTIC hate crimes reporting line. The report, including case histories and statistics, will be used to educate public officials. Abbreviated excerpts from the 1994 Summary Report are included below. Unfortunately, the very definition of hate violence presupposes the ability of acts of violence to create fear in the intended victims. This fear often expresses itself in an unwillingness to report hate violence to the proper authorities and even to organizations, such as Virginians For Justice, that are community based. The result is that an estimated 80% of all hate incidents go unreported. The following are some of the highlights of both Virginia's 1994 report and of Anti-Gay/Lesbian Violence in 1994, a collaborative effort of 23 victim assistance and violence documentation programs across the nation. - The Virginia report documented 30 incidents of violence around the state in 1994. 2,064 incidents were tracked in nine tracking programs around the country. - Women were the victims in 19% of the Virginia incidents. Men comprised another 53% and the remaining 28% being either gay/lesbian organizations or unknown. The percentage of attacks against organizations or institutions was significantly higher in Virginia than the national average of 8%. - The number of Virginia incidents involving physical assaults rose in 1994 to 30%, significantly higher than the 19% reported in 1992. However, Virginia is still far below the national average of 43% of all incidents being violent incidents. - Nearly 35% of all incidents where the number of perpetrators was known included two or more offenders. 23% included 4 or more offenders. This corresponds with national trends. The overall ratio of offenders to victims was 1.47 to 1 nationally. In Virginia, the ratio of offenders to victims was 1.34 to 1 where vandalism or harassment of an organization was tallied to include one victim and only one offender. - Seventy gay-related murders were documented, occurring in 25 states and the District of Columbia. Four of those homicides took place in Virginia. STATISTICAL SUMMARY Number of Calls: 39 Number of Valid Reports: 30 Reports Without Calls: 8 Reports Not Returned: 16 Tally of 1994 Offenses Harassment 19 Threats/Menacing 14 Bomb Threats 2 Physical Assault 5 Police Abuse 1 Vandalism 6 Murder 4 Total Number of Offenses 51 Total Number of Incidents: 30 Total Documented by Police: 11 30% of all incidents included VIOLENCE 13% included MURDER 63% included VERBAL HARASSMENT 47% included THREATS Geographical Areas: Northern Virginia 27% Other 10% Richmond 20% Reporting Line 10% Radford 17% Roanoke 3% Tidewater 10% Charlottesville 3% Locations: Business 23% Street 7% Home 23% Park 7% School 23% Bar 7% Telephone 10% Age of: Victims Perpetrators Under 18 1 4 18 To 29 8 16 30 To 44 8 1 45 To 64 2 3 Unknown/Organization 13 19 Total 32 43 CONCLUSION 1994's incidents of anti-lesbian and anti-gay violence must be viewed within the context of a growing climate of intolerance and hate in both the public and private sectors. Harassment and violence against immigrants and persons of color have soared in California since the passage of Proposition 187. Anti-Semitic incidents reached an all time high in 1994 according to the Anti-Defamation League. Violence at abortion clinics increased as well. The citizens of the Commonwealth can stop this trend by demanding that public officials take note of the increasing spread of hate violence and take action against it. Specifically, citizens need to demand: - legislation that increases criminal penalties for hate motivated offenses that will include sexual orientation and gender. - increased funding available to local victim assistance programs. - legislation that prohibits discrimination against individuals on the basis of their sexual orientation. The widespread incidence of hate violence, and the increasing severity of that violence, indicates a growing need for government and community response. In a state such as Virginia in which freedom and justice are so much a part of its rich history and tradition, there can be zero tolerance of hate crimes against any one group of its citizens. Such a crime against even one individual is too much to simply accept and let pass by. Call VJ if you desire a copy of the full report. CALL 1-800-2JUSTIC VJ extends our appreciation to the supporters of our Annual Meeting Wine & Cheese Benefit Host Committee David Perry Gary Antonucci Liz Neel Stephen Jones Patrick Heck Cheryl Camillo Sarah Richardson Terry Doherty Sponsors For the Love of Chocolate Fieldens and The Shockoe Bottom Arts Center 1995 GENERAL ASSEMBLY ELECTION LOOMS Governor Allen's first two years in office have proven to be unfriendly for the supporters of equal justice, but if the record is examined closely, it is not nearly as disastrous as it first appears. The Governor's anti-gay and anti-family rhetoric has not yet translated into the enactment of new oppressive laws or an increase in the enforcement of existing anti-gay laws. Lesbian, gay, bisexual and transgender people continue to be frequent targets of hate crimes, discrimination and selective enforcement of the Crimes Against Nature law, but this is not a recent development. Even the Sharon Bottoms case would likely have the same result had Mary Sue Terry defeated Gov. Allen in 1993. For now, we have staved off anti-gay legislation and the hate rhetoric that Governor Allen and the Radical Right have submitted and promoted on the airwaves. Grassroots lobbying; good working relationships with reasonable legislators; and relying on the cautious, slow-changing nature of the General Assembly have combined to slow the attacks of the Radical Right and to provide deliberate, tangible, progress on our issues. LEGISLATIVE ALLIES ON THE LINE On November 7, the climate is poised to change dramatically when all 40 Senate and all 100 House of Delegates seats will be up for election. The possibility exists that the gay-supportive community could lose some of our biggest allies. Just as importantly, the legislature could alter its time-honored tradition of being slow to embrace change. In the past, regardless of whether or not legislation has been submitted by conservative, liberal or middle-of-the-road legislators, the General Assembly has remained notoriously cautious if a bill involved rapid change. This guiding philosophy has often been frustrating for those of us who wish to advance a progressive agenda with respect to civil and human rights, but in many ways it has protected us too. Year after year, a few right wing legislators have attempted to enact AIDSphobic and anti-gay legislation, but they have continually run up against the legislature's resistance to sudden change. Recently, Gov. Allen and his legislative allies have displayed a reckless disregard for Virginia's tradition of legislative conservatism. They embrace free-wheeling, regressive social and fiscal agendas that require hasty and unpredictable changes. These rapid swings will be virtually unstoppable if Virginia's electorate chooses to elect more supporters of Gov. Allen's campaign against equal rights. A CALL TO ACTION: Casting your vote on Nov. 7 is crucial, but stopping the gains of the radical right will take more this year: campaign involvement. It is imperative that all lesbians, gays, bisexuals and allies begin working for supportive General Assembly candidates as soon as possible. Although it may be fall before we see political advertisements, the campaigns are well under way. Incumbents are busy shoring up their support while the challengers are fundraising and preparing for their party's nomination process. NOW is the most opportune time for you to have a lasting effect on a gay-supportive candidate's future by volunteering to work on their campaign. If you are unsure of your incumbent legislators' attitude toward lesbian, gay, bisexual and transgender issues, call VJ for info. It is equally important to support candidates with anti-gay opposition. Your investment of time and energy is worthwhile, even if it is not apparent that a particular candidate is gay-supportive, if it keeps the radical right out of power. If you let a candidate know of your motivation, it will also likely result in an improvement in the candidate's attitude toward gay issues. If you are uncertain who is running in your district, call the State Board of Elections (800-552-9745) or Virginia Partisans (703-329-0287), or check your local phone book for the Electoral Board or the Democratic or Republican parties. If a candidate in your district appears to be supportive or anti-gay, be sure to let us know. The gay-supportive community cannot rely on other Virginians to fight this battle, so we hope to hear of your activities. CANDIDATE SURVEYS FORTHCOMING After the respective parties complete their nomination processes this summer, Virginians for Justice will request that each candidate for the House and Senate complete a written survey to judge their support for gay issues. The final candidate list is not available until late summer, so the survey results will not be published until October. VJ is soliciting local groups for their input to the candidate survey. Many local groups also survey their locale's candidates on lesbian and gay issues, so we are attempting to avoid duplication of effort and to perhaps combine surveys, thereby increasing the chance that candidates will respond. The lessons of constituents and local organizations are invaluable, so if you care to assist, give us a call at 804-643-4816. Many thanks to Dean Gray of the Alexandria Gay and Lesbian Community Association for contacting VJ and suggesting a coordination effort for candidate surveys! CALENDAR OF VIRGINIA EVENTS May 20 - VJ Board meeting: Richmond June 11 - Hampton Roads Pride Picnic: Virginia Beach; call 804-489-8000 for information June 17 - VJ Board meeting: Northern VA June 18 - Washington DC Pride Festival July 15 - VJ Board meeting: Richmond Aug. 5 - Joint VJ and Richmond Lesbian & Gay Pride Coalition Cocktail Party Fundraiser Aug. 5-6 - Richmond Pride Festival: call 804-353-4133 for information BOARD BOLSTERED BY ANNUAL ELECTION AND APPOINTMENT OF NEW DIRECTORS At VJ's April 22 Annual Meeting, the results of our 1995 Board of Directors election were announced. The membership reelected Pat Heck of Norfolk and Gary Antonnuci of Williamsburg, currently serving as Chair and Secretary, respectively. Both will serve two year terms representing the 3rd and 1st US Congressional districts, respectively. Prior to the announcement of the election results, the Board voted to seat the other candidates from the 3rd District, Sarah Richardson of New Kent and Heather Womer of Richmond. Both will fill At-Large vacancies for one year terms. Prior to moving to the Richmond area, Sarah lived in Blacksburg and was an organizer and coordinator for several women's and lesbigay groups and events at Virginia Tech. Heather comes to the Board with valuable skills and insight gained in her occupation, an HIV/AIDS educator for Planned Parenthood, and as coordinator of The Central Virginia AIDS Educators Coalition. Both Sarah and Heather have already proven to be valuable additions to the Board. At their April 15 meeting the Board also seated Davis Huggins of Lynchburg, representing the 6th Congressional District. As a substance abuse counselor and one of the primary organizers of Virginia's Secret, a transgender advocacy group, Davis' perspective will help to round out the Board. The commitment of the re-elected Board members and the enthusiasm of our newest Directors have combined to invigorate the Board. One of our ongoing tasks, increasing grassroots effectiveness, should be eased with this diverse and experienced group guiding the organization. Board Members and the areas they represent: Gary Antonucci - Secretary 804-253-0789 (1st Congressional District, Williamsburg) Patrick Heck - Chair 804-622-1695 (3rd CD, Norfolk) Ronnie Helms 804-640-1761 (2nd CD, Norfolk) Davis Huggins (6th CD) 804-846-0506 (6th CD, Lynchburg) Bonnie Rabichow - Treasurer 703-660-0670 (8th CD, Alexandria) Sarah Richardson 804-932-8187 (At-large, New Kent) Pat Ward 804-261-4110 (At-large, Richmond) Heather Womer 804-222-5802 (At-large, Richmond) As you can see, the Board could still use more members. If you might be interested in representing your area of the state call VJ and we'll fill you in. We hold board meetings on the third Saturday of each month at noon in VJ's Richmond headquarters. Everyone is always welcome to attend. MORE ANNUAL MEETING HIGHLIGHTS In addition to the Board election, the Annual Meeting saw a spirited discussion of several issues that VJ will face. Attendees discussed the Bottoms custody case at length, including possible reactions of the lesbigay community and allies. After the meeting, several discussion groups were formed to pursue different angles that were proposed. Many thanks to all who attended the meeting and shared their opinions. Later that evening, attendees gathered at Richmond's Shockoe Bottom Art Center for a Wine and Cheese Fundraiser to benefit VJ. BYLAW CHANGES APPROVED Also at the Annual Meeting, VJ's membership approved all bylaw changes that were detailed in the March-April issue of The Voice. As you can see below, one of the approved changes was updating our statement of purpose to reflect our work on non-legislative issues and for inclusivity. Note: Our June 17 Board meeting will be held in Northern VA. We will be in the area for Washington DC's Pride Festival, so if you are interested in attending, call VJ for information We especially welcome all interested Northern Virginians! HONOR ROLE OF THANKS - Thomas McGee and Steve Jones of Richmond for their commitment to volunteering in the VJ office. Your ongoing help is invaluable! - Team Hav'N Fun of Norfolk's Mid-Atlantic Volleyball Association for their team's end-of-the-season donation to VJ. - Liz Neel of Charlottesville for her countless hours of volunteering, especially in organizing VJ's Annual Meeting and Wine & Cheese Fundraiser. - David Perry and Laura Morand for donating many hours of catering expertise to the Annual Meeting fundraiser. The crowd was well fed! VJ WISH LIST The following items are needed to keep our office operating smoothly: 32¢ stamps (books, rolls, sheets, ...) We can use any amount that you can send from 1 to 100. Laser printer supplies and/or service. Our printer, an IBM Laserprinter E, is still sick! Service for a Xerox 1020 Marathon Copier If you are interested in volunteering, or underwriting or donating an item, please phone VJ: The Voice is published bi-monthly by Virginians for Justice PO Box 342 Richmond, VA 23202-0342 804-643-4816 Virginians for Justice advances equal justice for Gay, Lesbian, Bisexual and Transgender citizens of the Commonwealth of Virginia, and those affected by the HIV epidemic, through the state's legislative, administrative and judicial systems. VJ PONDERS GAY MARRIAGE QUESTIONS A group of VJ members has formed a committee to consider the possible ramifications in Virginia of the Hawaii court case that may make same-sex marriage legal in that state. Hawaii's Supreme Court ruled last year that, in denying marriage licenses to same-sex couples, the state was practicing sex discrimination, which is forbidden by Hawaii's constitution. Their lower courts will have to prove "compelling state interests" to continue the same-sex marriage ban, a legal standard that is difficult to meet. The case is expected to return to the state's Supreme Court for a final ruling within the next two years. Meanwhile, Virginia's gays and lesbians are all too aware that our own state has a Supreme Court that won't even let a lesbian keep her own child, much less legally marry her chosen partner. Even if Hawaii legalizes same-sex marriage, thus creating the presumption that other states will recognize those marriages, what are the chances that Virginia would automatically extend that legal recognition and all the privileges that go with it? Since 1975, Virginia has explicitly prohibited marriage between persons of the same sex (Section 20-45.2 of the state code). The prospect of a major legal and political battle over this issue raises fears of a backlash strong enough to reverse any recent headway towards equality for gay men and lesbians. Public opinion polls consistently show that a large majority of Americans oppose equal marriage rights for gays and lesbians. Proponents of an effort to legalize domestic partnership in a gradual, state-by-state process, see it as a compromise that would gain additional rights for lesbians and gay men, rather than gambling everything on an all-or-nothing push for same-sex marriage. VJ's Marriage Committee will be meeting to share information and discuss what policy the organization might endorse on this issue. Anyone who would like to participate in the committee is welcome to join us; call Sarah Richardson at (804) 932-8187 for more information. Meanwhile, VJ would like to gather the thoughts and opinions of its members on the questions of marriage rightsand/or domestic partnership. You may be dreaming of a honeymoon in Hawaii, but would you settle for the chance to share your partner's health insurance in Hillsville or Herndon? Let us know what you think - philosophically, pragmatically, or in your wildest dreams. Write to us at Marriage Committee c/o Virginians for Justice P.O. Box 342 Richmond, VA 23202. VJ VOLUNTEER OPPORTUNITIES VJ is searching for volunteers to work in our Richmond office and as volunteers in other areas of the state. Time commitments can range from a few hours per month to several hours each week. Available tasks include: - Answering phones, keeping records and staffing the hate crimes hotline. - Tracking a state legislator from your area - Hosting a House Party in your area. All you have to do is host a small party while VJ staff and Board members do the rest! Call for info. VJ THEATER NIGHT PLANNED Mark your calenders for Saturday evening, August 26, when a performance of Shakespeare's A Midsummer Night's Dream will benefit Virginians for Justice. Produced with an all-male cast by Art Productions Actors Theater in Richmond's Kaleidoscope Theater, located within the Shockoe Bottom Arts Center, the play features the original script with modern interpretations. Ticket price and availability will be announced in the June-July issue of The Voice. If you haven't yet, join VJ and we will keep you informed about our work to obtain equal justice for ALL Virginians ARE YOU IN THE DARK ABOUT VIRGINIA NEWS? The Commonwealth is geographically, politically and culturally diverse so it is sometimes difficult to keep up with the latest in gay politics. Why not join the 1990's by going online? During the past two General Assembly sessions, VJ distributed legislative alerts over the Internet by using an e-mail list, "virginia-news". Another crucial link was provided by the list when Bearing Witness, the organization supporting Rev. Mel White's month-long fast in the Virginia Beach City Jail, distributed daily updates. VJ encourages all supportive individuals and organizations to use this e-mail network to publicize news, action items and events of interest. We encourage local, state and federal organizations and activists to utilize the ability of virginia-news to spread information quickly. The only requirements are that announcements should be of interest to supporters of equal justice for gay, lesbian, bisexual and transgender Virginians. If you are interested in receiving legislative updates via virginia-news, send subscribe virginia-news to: majordomo@vector.casti.com You will then receive electronic copies of all correspondence that is deemed relevant by the network's moderator and instructions for submittals.. Virginia-news is primarily an announcement service, hence it is low volume. If you are interested in contacting VJ directly, you may still e-mail us at: va4justice@aol.com SPONSORSHIP PROGRAM VJ offers our organizational and corporate donors the opportunity to show their support by becoming Advertising Sponsors. VJ Advertising Sponsors can advertise in The Voice, thereby reaping the benefits of gaining publicity among VJ readers as well as securing a tax benefit for their business. Rates for a full year (six issues) of advertising sponsorship are: $125 - Bronze ($100 non-profit) $250 - Silver ($200 non-profit) $500 - Gold ($400 non-profit) The Voice reaches more than 1,500 Virginia homes, organizations, and businesses. Add yours to the list by contacting VJ at 804-643-4816. Virginians Against Domestic Violence 2850 Sandy Bay Rd., #101 Williamsburg, VA 23185 Virginia Family Violence Hotline 1-800-838-8238 Virginia's Secret A Transgender Support Organization PO Box 7386 Richmond, VA 23221 804-222-6796 Fairfax Lesbian and Gay Citizens Assoc. Serving the Entire Fairfax County Area PO Box 2322 Springfield, VA 22152 EFFINAR STUDIOS LTD. Haircare 2163 North Glebe Road Arlington, VA 22222 703-524-1940 THE TIDEWATER BEARS PO Box 2241 Denbigh, VA 23609-0241 804-872-6957 MacGraphics, Inc. Production of Brochures, Ads, Newsletters, Logos, Menus 198 S. Rosemont Road, Virginia Beach, VA 23452 804-486-3546 804-431-1547(fax) American Express Financial Advisors, Inc. Gregory F. Smith, Certified Financial Planner Suite 190, Chadwick Bldg., 5029 Corporate Woods Dr. VA Beach, VA 23462 804-490-2705, 804-473-8678(fax) OutRight Books & Cafe Gay & Lesbian Bookstore and Cafe 9229 Granby Street Norfolk, VA 23508 804-480-8428 William & Mary Gay & Lesbian Alumni A nationwide organization of Wm. & Mary alumni PO Box 15141 Washington, DC 20003 The Alexandria Gay & Lesbian Community Association PO Box 19401 Alexandria, VA 22320 703-684-0444 The Arlington Gay and Lesbian Alliance Serving the Arlington Area PO Box 324 Arlington, VA 22210 703-522-7660 Dignity - Northern Virginia Gay and Lesbian Catholics and Friends PO Box 10037 Arlington VA 22210 703-912-1662