GAY PEOPLE'S CHRONICLE

April 20, 2012. www.GayPeoplesChronicle.com

T-shirt

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Cincinnati because the school district and Gebhardt told Couch he could not wear a T-shirt with a rainbow ichthys, or sign of the fish, and a slogan that says "Jesus is Not a Homophobe" in observation of National Day of Silence last year.

The school later called the shirt "sexual in nature."

In the annual event, students remain silent to bring attention to anti-gay abuse and harassment, and the silencing effect is has on LGBT students.

Waynesville is in northern Warren County, about 15 miles southeast of Dayton, in a socially conservative area of the state.

Lambda Legal is representing Couch with Cincinnati attorney Lisa Meeks.

The suit asks the court for an injunction to stop the school from forbidding the wearing of the T-shirt, both temporarily and permanently.

Lambda Legal attorney Chris Clark said the school agreed to allow the shirt on the National Day of Silence rather than litigate the temporary restraining order.

News Briefs

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partment of Justice's reasoning behind not defending the Defense of Marriage Act in

court.

U.S. makes travel easier for TG people

Washington, D.C.—The United States Citizenship and Immigration Services issued a policy memo on April 13 updating the Adjudicator's Field Manual to make it easier for transgender people to travel outside the U.S.

The policy mirrors the State Department's updated rules on passports, that make it easier for people to change their gender on government documents. Instead of requiring gender reassignment surgery, a doctor simply needs to certify gender.

It also clarifies that opposite-sex marriages will continue to be recognized even after one of the couple transitions.

"The guidance is an important step forward for transgender immigrants and their families," said Victoria Neilson, legal director for Immigration Equality. "It brings USCIS in line with DOS in its guidance for updating gender markers on identity documents."

"The memo affirms existing law and precedents, and recognized that if a marriage is

But the rest of the suit, alleging a violation of Couch's civil rights and the right for students to wear such shirts whenever they want to, will continue.

"There are limited sets of circumstances where schools can limit speech in this way, and none of them apply here," Clark said.

"We're pressing the claim with the intent to vindicate his right to wear what he wants, when he wants," Clark said. "The message is important to him. He feels passionate about it."

Clark said even in the cases where students have worn shirts with Confederate flags in racially diverse schools, the courts have upheld the First Amendment right of expression.

In this case, the school wrote to Lambda that "the message communicated by the student's T-shirt is sexual in nature and therefore indecent and inappropriate in a school setting."

Clark said the school has not answered the complaint yet, but the parties have a conference with the court on May 2 to determine if the matter can be resolved.

Couch said reaction to his suit has been

considered valid and opposite sex under state law, it is valid for immigration purposes," she continued.

Two held under 'no gay speech' law

St. Petersburg, Russia-Two men were arrested on April 3 for holding up a sign saying "Homosexuality is Normal," the first arrests under a new city ordinance barring pro-gay speech.

Films, music videos, books and newspapers cannot have "homosexual content," and the rainbow flag has been barred by the law, which passed on d on February 29. A virtually identical bill is now in the Russian national legislature.

The two men face a possible fine of 500,000 rubles, about $17,000, more than the average annual income in the country.

Madonna, who is going to be performing a concert this summer in St. Petersburg, was warned by a politician not to violate the law. She said she plans on violating it greatly.

Homosexuality is not illegal in Russia, and it was stricken from medical guides as ✓ a mental illness in 1999.

Compiled by Brian DeWitt, Anthony Glassman and Patti Harris.

keeping score

Hang'en on the Edge is Friday's grand champ

Cleveland-The North Coast Bowling Association's Friday night league congratulates Hang'en on the Edge for winning the grand championship of the 2011-2012 season. The Division 2 top team bested Division 1's 2 out of 4 on April 6 to win the overall championship.

Below are the combined final standings for the season's first and second halves. The league will resume regular play in the fall.

For more information, contact the league at 216-481-4417 or 216-392-0154, or see www.ncbafriday.org.

Team

1.2 out of 4

ឲដនននឹងនិមន្ត

Won

Lost

109

2. Dead Wood

105

3. Twist Rainbow Butt Monkeys

1032

712

4. Hang'en on the Edge

103

5. Three Daddies & a Boy Toy

992.

752

6. Aggravated Faggotry

7. Cocktails for 4

8. 3 Fingers In

9. Mine's in the Gutter

10. Pinderellas

11. Alley Katz

822

922

12. The Bowled & the Beautiful

13. Triple XXX Turkeys

14. Balls Aboard

762

982

15. Ten Balls & a Split w/a Twist

101

16. Ball Busters

104

17. The Vibe Raiders

105

18. Gutterly Ridiculous

117

"so much more support than backlash." The day the suit was filed, Couch said he got Facebook messages from people telling him how proud they are.

But not all messages were supportive. Others, according to Couch, were mean. "People told me I need to find Jesus."

Couch said that there is not much diversity in his community across racial or religious lines. "What [diversity] we have here is accepted to a point."

Couch said there are maybe three to five openly LGBT kids in his school, and until his suit was filed, it was a subject that was "taboo and quiet."

Couch said he is not aware of any gay or lesbian teachers, adding that teachers have been put in an awkward position. "I know some of them are supportive of me, but they are not allowed to say it."

School board members and administrators are also not acknowledging Couch. "They have all decided not to say anything to me," Couch said, as he also pointed out the irony in freè expression of board meetings starting with a prayer.

Couch said anti-LGBT bullying is also

Suit

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constitutional amendment would give religious institutions the freedom to determine whom to marry;

"B. It states that under the proposed constitutional amendment religious institutions would not be required to perform a marriage, but it selectively and arbitrarily omits that under the amendment religious institutions would not be required to recognize a marriage;

"C. It states that the constitutional amendment would allow two consenting adults to marry regardless of gender, when in fact it would allow two consenting adults of the same gender to be married, and would only allow two consenting adults to marry if they are not nearer of kin than second cousins and they do not have a husband or wife living; and

"D. It does not adequately alert prospective signers to the language of the Constitution that would be repealed by the amendment."

Capital University Law School professor Mark Strasser said he believes that the certified petition language is “fair and accurate as far as it goes," but the point raised about religious institutions not being required to "perform" a marriage vs. not being required to "recognize" a marriage is a valid one, and the strongest argument.

Strasser said courts will later have to interpret whether or not a religious organization will be required to recognize the same-sex spouse of an employee.

"Needless to say," said Strasser, "not all questions are addressed in summaries. For example, it was a matter of some dispute whether Ohio's marriage amendment precluded domestic violence protections for

an issue at his school. He has been called names, including "faggot," other students are rude to him and threaten him. He is afraid to go into the restrooms.

"The school counselor found out about that and showed me where the nurse's restroom is, and told me to use this bathroom," Couch said.

Couch said for the most part his teachers have handled the bullying against him well, but the principal has not.

"The teachers tell [Gebhardt], but he doesn't believe them," said Couch. “I don't think he's trying to deal with it.”

After a teacher took a matter of bullying to him, Couch said it took weeks for Gebhardt to call him to the office to talk about it.

"When I was wearing my T-shirt, it did not take any time to be called down," Couch noted.

Couch's suit asks for attorney fees, but no additional money for him.

"I just want to wear my T-shirt. I just want to be represented. I just want to be treated like everyone else. I just want the same rights everyone else has," Couch concluded. ✓

non-marital partners until the Ohio Supreme Court resolved that issue."

"It's a summary," said Strasser. "At one point in the complaint they note it's too long, while calling for it to tell them more. They can't have it both ways."

Challenges to petitions like this one are not common but they do happen, both before and after measures get on the ballot.

In May 2004, Thomas Rankin and Raymond Zander of Westlake filed a similar suit against then Attorney General Jim Petro and Viars, alleging that the petition summary for the marriage ban amendment was not fair and truthful. Langdon represented the petitioners in that suit.

In August 2005, long after the constitutional amendment passed, the Tenth District Court of Appeals ruled that the action was moot because the petitions had already been circulated and the constitution had already been amended.

In that case, however, the trial judge ruled that the summary was misleading and "the attorney general improperly certified the summary."

All three appellate judges in that case opined that the trial judge did not have the jurisdiction to even consider whether or not the petition summary language was fair and truthful.

"[The legislature] vests the authority to determine whether a submitted summary constitutes a fair and truthful statement of a proposed matter solely in the attorney general," wrote the panel.

In effect, that decision took away the right to challenge the summaries on future petitions, which the Supreme Court could reverse with this decision.

Flame Throwers are grand champs of Sunday league

Cleveland-Flame Throwers has finished the season at the top of the North Coast Bowling Association's Sunday league, after the April 15 games.

The NCBA Sunday league is northeast Ohio's original gay bowling league, now ending its 32nd season. Regular play will resume in the fall. See www.ncba-sunday.com or contact Ron Deamon at 330-225-0686 for more information.

Final standings

1. Flame Throwers

2. The Stooges

3. Body Language

4. Blush & Bashful

5. Deadwood

6. Team 7

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