Monday, February 28, 2011

Lady Gaga - Born This Way


Here it is, the video you've all been waiting for - Lady Gaga's 'Born This Way'!

Bleu - How Blue


Los Angeles-based singer-songwriter, producer, collaborator Bleu has just finished the video for "How Blue," a track on his 2010 award-winning disc Four. Directed by David J. Dowling, the video features "Weeds" ("Angels In America" and "Modern Family") actor Justin Kirk as an over zealous fan who sneaks into Bleu's hotel room to get cozy with his possessions.

DOMA Affects Legal Discrimination, Not Religious Liberty

Catholics for Equality Executive Director Phil Attey today released the following open letter to Archbishop Timothy Dolan, President of the United States Conference of Catholic Bishops:

Archbishop Timothy Dolan
President, United States Conference of Catholic Bishops
Dear Archbishop Dolan:
It was with great disappointment that Catholics for Equality received the February 23, 2011 statement by Anthony R. Picarello, General Counsel for the United States Conference of Catholic Bishops (USCCB). In this USCCB statement, Mr. Picarello makes attempts to mislead not only public policy makers, but our American Catholic community.
The USCCB statement asserts that President Obama's decision to no longer defend a law that is unconstitutional is "a grave affront to the millions of Americans who both reject unjust discrimination and affirm the unique and inestimable value of marriage as between one man and one woman." While we agree with Mr. Picarello that the majority of Americans reject unjust discrimination, it is misleading to suggest that American Catholics and the public at large holds a monolithic opinion on the morality of same-sex. Most opinions polls show the nation divided on this issue with rising support for marriage equality.
According to the 2010 Knights of Columbus/ Marist Poll 52% of U.S. Catholics support marriage equality including 63% of young adult Catholics. The shift among young Catholics will continue as more people accept their gay and lesbians siblings, friends, and co-workers as fully equal citizens and fellow Catholics. These polls also show that on this issue, American Catholics support marriage equality more than any other national Christian faith group.
Even more troubling is the assertion that the President's decision not to defend DOMA is unconstitutional is "a serious threat to the religious liberty of marriage supporters nationwide." Mr. Picarello, as a lawyer, knows that neither the repeal of DOMA, nor the passage of state marriage equality laws, in any way makes requirements on religious institutions or privately funded church organizations.
To testify otherwise in plain terms, Archbishop Dolan, is to bear false witness.
This is becoming an increasingly troubling pattern with our bishops when it comes to honesty around public policy on LGBT civil rights. Last year, Archbishop of the U.S. Military Services Timothy Broglio made similar falsehoods regarding the repeal of Don't Ask Don't Tell, asserting that the repeal would require military chaplains to perform religious ceremonies contrary to their religious beliefs. This was blatantly untrue and Archbishop Broglio's statements were of great embarrassment to Catholics across the country when ruled to be unfounded by the Pentagon.
Catholics for Equality reached out to Archbishop Broglio, offering assistance in providing accurate information regarding the repeal of Don't Ask Don't Tell and to answer any questions he might have. As faithful Catholics, we would like to extend that same offer to you and the USCCB regarding the repeal of the Defense of Marriage Act.

Phil Attey - headshot
In Christ, and in the united stand for equality,
signature: Philip M.J. Attey, II
Phil Attey, Executive Director

Kylie Minogue - Ask: Reply


Check out the latest "Ask: Reply" video with Kylie Minogue, where she answers fan questions, including dropping some tidbits about her upcoming tour! Kylie will come to North America, but not Denver, with her Aphrodite – Live 2011 World Tour beginning April 28 through May 22.

Indian TV news station out to get gays, gets roses

A news station in Mumbai that aired an exposé of locals who use a gay dating site drew the ire of the LGBT community, but protest organizers decided to respond by sending station personnel roses in the hopes of softening their views on LGBT people.

Freshman Congressman is Hill's newest out member

Rep. David Cicilline, D-R.I., is profiled in this day-in-the-life look at the freshman member of Congress. Cicilline this year joined Reps. Tammy Baldwin, D-Wis., Barney Frank, D-Mass., and our own Jared Polis, D-Colo., as the nation's only openly gay and lesbian federal lawmakers. 

As a member of the Foreign Affairs Committee, Cicilline says he wants hearings on anti-LGBT activity in Uganda, but he's also interested in exploring an omnibus American LGBT rights bill.

6 in 10 Irish support marriage equality, poll finds

More than 60% of Irish citizens say they believe same-sex couples should be able to legally marry in Ireland, according to a poll.

Current Irish law recognizes "civil partnerships" for gays and lesbians.

Abstinence group with ties to Ugandan preacher who advocates death penalty for gays got millions in federal funds

The founder of a Florida teen abstinence group has ties to Ugandan pastor Martin Ssempa, who has advocated for a national law that includes the death penalty for those convicted of homosexual acts and is the star of the infamous 'Eat Da Poo Poo' viral video on YouTube. Project SOS, based in Jacksonville, has received more than $6.5 million in federal funding.

A Call to Action: Leveraging Private Sector Support for the National HIV/AIDS Strategy

Melody C. Barnes, Assistant to the President and Director of the Domestic Policy Council, recently wrote about the importance of private sector initiatives in the fight against AIDS saying:


When President Obama released the National HIV/AIDS Strategy in July 2010, he said, “The Federal government can’t do this alone, nor should it.  Success will require the commitment of governments at all levels, businesses, faith communities, philanthropy, the scientific and medical communities, educational institutions, people living with HIV, and others.” 

Clearly, success at achieving our aggressive goals in the Strategy depends not only on Federal leadership, but new investments and new partnerships from all parts society.  We know that some of our biggest successes in fighting HIV/AIDS have come about because of private sector initiatives, and we’ve called on businesses and foundations to provide that next level of leadership by stepping up their efforts in a few targeted areas.  We want to hear about your successful partnerships and new ideas for working together.

Read the entire article here.

Gingrich called on the carpet over affairs, hypocrisy

A University of Pennsylvania student at a campus event this week asked former House Speaker Newt Gingrich (pictured) to reconcile his views on gay rights with his personal conduct, which the student said included infidelity to a former wife

Gingrich, who has been married three times, responded that if he ran for president his candidacy will be about the country's future, not his past.

Montana lawmakers vote to decriminalize homosexual acts

The Montana Senate recently voted 41-9 to rid the state code of language making it illegal to engage in homosexual activity

"For 30 years the words in this code have aligned me with people who molest animals. And what's my crime, of course? My family looks a little different than yours. For the past 20 years I have made a family with another woman, we have been happy, productive members of society and I'm not so much different than people in your communities," said State Sen. Christine Kaufmann (pictured), an out lesbian.

Submit your nominations for the Denver Style Awards, judged by Mondo Guerra and Nina Flowers!

A highlight of the Denver Style Expo will be the presentation of the first annual Denver Style Awards.  Presented in seven categories, the awards will address a broad range of local talent. 
You can nominate your favorites (or yourself!) online now at www.denverstyleawards.eventbrite.com - but you'd better hurry because today's the last day to do so.  Once the nominees have been tallied, and the final ballot has been created, an expert panel of judges, including Mondo Guerra, Nina Flowers, and 'Shear Genius' contestant Charlie Price, will decide the winners in each category.  People’s Choice awards will be presented separately.

Obama ends government's defense of DOMA, faces praise and criticism

President Barack Obama last week instructed the Justice Department to stop defending the constitutionality of the Defense of Marriage Act, a 1996 law that restricts federal recognition of marriage to opposite sex couples. 

The move was hailed by LGBT rights groups, but some lawmakers accused Obama of abandoning his duty to defend laws passed by Congress. The administration's now-official position that laws discriminating against gays and lesbians deserve heightened scrutiny could have an effect on other LGBT rights issues as well.

HRC Welcomes Jeremy Bernard’s Appointment as White House Social Secretary

On Friday the White House announced that Jeremy Bernard (pictured), an accomplished businessman, nonprofit and government executive, was appointed White House Social Secretary. Bernard will become the first man and the first openly gay person to hold this important post.  Human Rights Campaign President Joe Solmonese issued the following statement:

“Jeremy Bernard’s appointment is historic. We celebrate his appointment not merely because of the ground that he is breaking but because we know that he will serve the President and First Lady exceptionally well. He is competent, gracious under pressure and has distinguished himself as a leader in a number of fields. The President and Mrs. Obama could not have selected a better candidate to ensure that all Americans are welcomed to the ‘people’s house.’”

“Anyone who knows Jeremy Bernard knows he will be a great addition to the White House,” said Barry Karas, a friend of Bernard and a member of the HRC Board of Directors from Los Angeles.  “Jeremy is a true joy to be around and work with.  His appreciation of the arts and culture will make for grand events and his understanding of the important history of the White House and the Presidency will serve the American people well.”

“Jeremy’s warm personality and attention to detail will make families – both the First Family and the American family – feel at home,” said Dana Perlman, a friend of Bernard and a member of the HRC Board of Directors. 

And AOL News' Steven Hoffer offers up these five facts about Jeremy Bernard that you may not know, including the fact that he was a "major Obama fundraiser."

Follow MileHighGayGuy on Facebook and Twitter

Hey guys, please click here to become a fan of the MileHighGayGuy Facebook Fan Page.

And, while you're at it, shy don't you follow me on Twitter?

Come on, do it!

You know you wanna!

Jobs: Out Front Colorado Managing Editor

'Out Front Colorado' - the Rocky Mountain region's oldest, largest, and most widely read LGBT publication - is seeking a dynamic, energetic, and creative Managing Editor to oversee all aspect of print publication.

A full job description and application instructions are available at www.outfrontcolorado.com.

Pat Steadman answers questions about Colorado Civil Unions Bill


Last week Sen. Pat Steadman appeared on 'Your Show' to answer questions about the Colorado Civil Unions Bill he recently introduced. You go, Pat!

Mark and Sunrise Ruffalo are New Yorkers for Marriage Equality


Academy Award nominee Mark Ruffalo and his wife, Sunrise, join the Human Rights Campaign – the nation’s largest lesbian, gay, bisexual and transgender (LGBT) civil rights organization – in a new video in the “New Yorkers for Marriage Equality” campaign.  In the video, the upstate New Yorkers say, “We’re raising our three kids to treat everyone with dignity and respect.  We believe everyone should have the right and the chance to be with the person they love – straight or gay.”  The campaign, which raises the public profile of marriage equality in the Empire State, can be viewed online at www.hrc.org/NY4marriage.

Saturday, February 26, 2011

MileHighGayGuy Advertiser Shout Out: The Alexander Foundation

The Alexander Foundation exists to enhance the lives of gays, lesbians, bisexuals and transgendered people by providing financial assistance to those in need throughout Colorado. The Alexander Foundation is an all-volunteer organization whose mission is to build a community of strength and dignity.

Friday, February 25, 2011

Jack Mackenroth is still hot

During a recent Ray John Pila photoshoot in Hollywood, Calif., reality TV star and fashion designer Jack Mackenroth modeled various pairs of Todd and Terry swimwear poolside. Some of the shots leaked out early, but here you can see some of the behind-the-scenes photos taken by Stephen Lucin.

That'll warm ya up on this chilly February morning!

Freedom to Marry, HRC, and NGLTF Applaud Maryland Senate on Passing Marriage Bill

The Maryland Senate today passed the Civil Marriage Protection Act, a bill to end same-sex couples’ exclusion from marriage.  Freedom to Marry, the Human Rights Campaign, and the National Gay and Lesbian Task Force, all of which are part of the on-the-ground work to advocate for the freedom to marry in Maryland, call on the House of Delegates to follow suit and send the marriage bill to the governor, who has promised to sign it into law.

"Today the state Senate has acknowledged the love and commitment of same-sex couples throughoutMaryland who are taking care of one another, raising families, paying taxes, and contributing to their communities. When these couples join in marriage, their commitment will be strengthened, their families will share in the support and safety-net marriage brings, and it will take nothing away from anyone else,” said Evan Wolfson, founder and president of Freedom to Marry. “Stronger families mean a stronger community for everyone — a win-win in these tough economic times.”

 “Today the state Senate recognized the simple truth that recognizing the love and commitment of same-sex couples under state law will strengthen families and communities,” said HRC President Joe Solmonese. “This is a matter of fairness and equality and will put Maryland on the leading edge of giving loving same-sex couples the rights, responsibilities, benefits, and dignity that marriage entails, as have five other states and the District of Columbia.  We thank Equality Maryland for their hard work in gaining marriage equality and the thousands of HRC members across Maryland who spoke up for fairness.”

"Loving, committed couples in Maryland are a step closer to being able to better care for and protect themselves and their families thanks to today's vote by the state Senate. We're talking about people who simply want to have access to responsibilities, rights and protections already available to many others. We thank Equality Maryland for its leadership on this issue, as well as the senators who recognized our common humanity and stood for fairness today. We urge members of the House of Delegates to do the same," said Rea Carey, executive director of the National Gay and Lesbian Task Force.

Jennifer Hudson - Where You At (Behind The Scenes


Check out Jennifer Hudson's latest. She sounds and looks great but I feel like the song isn't quite as catchy as it could be.

Thursday, February 24, 2011

Things To do In Denver When You're Gay: Free Days at Denver Botanic Gardens


In March, Colorado residents can enjoy a special free day at Denver Botanic Gardens at Chatfield, thanks to funding from the SCFD.

Free Days are:

Denver Botanic Gardens (York Street location): Sunday, March 20
Denver Botanic Gardens at Chatfield: Friday, March 4

New York Times Travel Show partners with IGLTA for Gay Specific Programming

The New York Times Travel Show continues to increase its annual commitment to LGBT travel, working with the International Gay and Lesbian Travel Association and other LGBT travel experts to develop gay-specific content for its Feb. 25-27 expo at the Jacob K. Javits Convention Center (655 W. 34th St., Manhattan).
The panel “Discover LGBT Travel: Hot New Destinations, Events, Tours and Cruises” is scheduled for 4 p.m., Feb. 26. Travel editor and writer Ed Salvato will moderate a globetrotting gay discussion that touches upon the Caribbean, luxury travel, adventure travel, cruises, Africa, lesbian travel, and South America. Panelists are: LoAnn Halden, IGLTA Media Relations Manager and travel editor/writer; Kenneth Hieber of 2afrika; Carlos Melia, a travel agent specializing in South America; and Andre Rojer, Marketing Manager for the Curacao Tourism Board.
On Feb. 25, when the show is open to travel professionals only, IGLTA Partner Development Manager Tom Nibbio will contribute a gay perspective to the panel “Market Opportunities for Growth.” (10 a.m.)
More than 500 destinations from around the globe are represented at The New York Times Travel Show. Stop by IGLTA’s booth, #1067 (USA, near the Canada section), for information on LGBT-welcoming travel businesses worldwide and to pick up a list of association members promoting LGBT travel on the show floor.
Consumer hours are 10 a.m.-6 p.m., Feb. 26, and 10 a.m. to 4 p.m., Feb. 27. For more information: www.nyttravelshow.com.

Out on DVD: Anywhere USA

In a trailer deposited in an unkempt pastoral glade, a woman who used to be an alternate on her high school tennis team beats her boyfriend senseless once a week.  She beats him, cause, well he deserves it. It's his act of redneck contrition...

Meanwhile, an eight-year-old girl finds accidental elucidation; the sort of awakening that makes her wonder if that guy next door driving the '89 Subaru is, in fact, the guy she thinks it is....

On the other side of the tracks, over there where posh beards, Kobe beef steaks and manicured gardens go hand in hand, a man of privilege has an epiphany at the dinner table that ultimately leads to a contusion and a revelation.

Told in three subtly related segments (Penance, Loss, and Ignorance), ANYWHERE USA is a du jour portrait of one man's America inspired by and drawn from the director's own experiences as both foreigner and citizen of these United States.

Featuring a cast of mostly non-professionals and exploring passive racism, geo-political vagaries, good intentions, faith and disappointment, this deeply personal film manages to tread the lines between vulgar and humane, between absurd and tender, and finds its heart in the story segment featuring the director's own daughter and a man living in a van.

Pet of the Week: Peanut

Just look at that mug! Peanut is a special-needs dog available for adoption at the Denver Dumb Friends League. 

He's an American Bulldog mix and is about four years old.

For more information about Peanut visit www.ddfl.org or call 303-751-5772.


Things To do In Denver When You're Gay: EMBRACE's Community Building Weekend

From EMBRACE:

EMBRACE the Future of Gay Denver
Community Building Weekend

Saturday, March 12 and Sunday, March 13

Join us on an exciting journey into the gay men's health movement where we will spend two days in a "heart centered" space exploring friendship, circles of support, networking, and leading our community into a vibrant future.
We will discover gay Denver and discuss how we build, strengthen and maintain a vibrant, dynamic, and active gay community. Other areas we will touch on are:
  • Gay Spirituality
  • Gay Friendships
  • Gay Relationships
  • Gay Families
  • Intimacy
  • Self Care
  • Gay men's health and wellness
Many men in our community have participated in this amazing weekend. Come and see what they have explored! Please contact Deryk at EMBRACE to sign up for this innovative community building weekend for gay men.
Call 303.997.2818 or email: deryk@sageriver.com.

Wednesday, February 23, 2011

University of Alaska regents ban sexual orientation discrimination

The Board of Regents of the University of Alaska voted Friday to add sexual orientation, but not gender identity, to its nondiscrimination policy. University President Pat Gamble said the change had long been requested by students and faculty.

Wall Street firms plan summit on LGBT leadership

Top financial firms will participate in an LGBT leadership summit on March 30 in New York City. 

Among the expected attendees is Deutsche Bank CEO Seth Waugh; Kevin Jennings, a national assistant secretary of education; and Linda Riefler, head of global equity and fixed income research at Morgan Stanley.

Attorney General's Letter to Congress: No Defense for DOMA

The Attorney General sent the following letter today to Congressional leadership to inform them of the Department’s course of action in two lawsuits, Pedersen v. OPM and Windsor v. United States, challenging Section 3 of the Defense of Marriage Act (DOMA), which defines marriage for federal purposes as only between a man and a woman. The full copy of the letter can be seen after the jump.




The Honorable John A. Boehner
Speaker
U.S. House of Representatives
Washington, DC 20515

Re: Defense of Marriage Act

Dear Mr. Speaker:



After careful consideration, including review of a recommendation from me, the President of the United States has made the determination that Section 3 of the Defense of Marriage Act (“DOMA”), 1 U.S.C. § 7, as applied to same-sex couples who are legally married under state law, violates the equal protection component of the Fifth Amendment. Pursuant to 28 U.S.C. § 530D, I am writing to advise you of the Executive Branch’s determination and to inform you of the steps the Department will take in two pending DOMA cases to implement that determination.



While the Department has previously defended DOMA against legal challenges involving legally married same-sex couples, recent lawsuits that challenge the constitutionality of DOMA Section 3 have caused the President and the Department to conduct a new examination of the defense of this provision. In particular, in November 2011, plaintiffs filed two new lawsuits challenging the constitutionality of Section 3 of DOMA in jurisdictions without precedent on whether sexual-orientation classifications are subject to rational basis review or whether they must satisfy some form of heightened scrutiny. Windsor v. United States, No. 1:10-cv-8435 (S.D.N.Y.); Pedersen v. OPM, No. 3:10-cv-1750 (D. Conn.). Previously, the Administration has defended Section 3 in jurisdictions where circuit courts have already held that classifications based on sexual orientation are subject to rational basis review, and it has advanced arguments to defend DOMA Section 3 under the binding standard that has applied in those cases.



These new lawsuits, by contrast, will require the Department to take an affirmative position on the level of scrutiny that should be applied to DOMA Section 3 in a circuit without binding precedent on the issue. As described more fully below, the President and I have concluded that classifications based on sexual orientation warrant heightened scrutiny and that, as applied to same-sex couples legally married under state law, Section 3 of DOMA is unconstitutional.



Standard of Review



The Supreme Court has yet to rule on the appropriate level of scrutiny for classifications based on sexual orientation. It has, however, rendered a number of decisions that set forth the criteria that should inform this and any other judgment as to whether heightened scrutiny applies: (1) whether the group in question has suffered a history of discrimination; (2) whether individuals “exhibit obvious, immutable, or distinguishing characteristics that define them as a discrete group”; (3) whether the group is a minority or is politically powerless; and (4) whether the characteristics distinguishing the group have little relation to legitimate policy objectives or to an individual’s “ability to perform or contribute to society.” See Bowen v. Gilliard, 483 U.S. 587, 602-03 (1987); City of Cleburne v. Cleburne Living Ctr., 473 U.S. 432, 441-42 (1985).



Each of these factors counsels in favor of being suspicious of classifications based on sexual orientation. First and most importantly, there is, regrettably, a significant history of purposeful discrimination against gay and lesbian people, by governmental as well as private entities, based on prejudice and stereotypes that continue to have ramifications today. Indeed, until very recently, states have “demean[ed] the[] existence” of gays and lesbians “by making their private sexual conduct a crime.” Lawrence v. Texas, 539 U.S. 558, 578 (2003).



Second, while sexual orientation carries no visible badge, a growing scientific consensus accepts that sexual orientation is a characteristic that is immutable, see Richard A. Posner, Sex and Reason 101 (1992); it is undoubtedly unfair to require sexual orientation to be hidden from view to avoid discrimination, see Don’t Ask, Don’t Tell Repeal Act of 2010, Pub. L. No. 111-321, 124 Stat. 3515 (2010).



Third, the adoption of laws like those at issue in Romer v. Evans, 517 U.S. 620 (1996), and Lawrence, the longstanding ban on gays and lesbians in the military, and the absence of federal protection for employment discrimination on the basis of sexual orientation show the group to have limited political power and “ability to attract the [favorable] attention of the lawmakers.” Cleburne, 473 U.S. at 445. And while the enactment of the Matthew Shepard Act and pending repeal of Don’t Ask, Don’t Tell indicate that the political process is not closed entirely to gay and lesbian people, that is not the standard by which the Court has judged “political powerlessness.” Indeed, when the Court ruled that gender-based classifications were subject to heightened scrutiny, women already had won major political victories such as the Nineteenth Amendment (right to vote) and protection under Title VII (employment discrimination).



Finally, there is a growing acknowledgment that sexual orientation “bears no relation to ability to perform or contribute to society.” Frontiero v. Richardson, 411 U.S. 677, 686 (1973) (plurality). Recent evolutions in legislation (including the pending repeal of Don’t Ask, Don’t Tell), in community practices and attitudes, in case law (including the Supreme Court’s holdings in Lawrence and Romer), and in social science regarding sexual orientation all make clear that sexual orientation is not a characteristic that generally bears on legitimate policy objectives. See, e.g., Statement by the President on the Don’t Ask, Don’t Tell Repeal Act of 2010 (“It is time to recognize that sacrifice, valor and integrity are no more defined by sexual orientation than they are by race or gender, religion or creed.”)



To be sure, there is substantial circuit court authority applying rational basis review to sexual-orientation classifications. We have carefully examined each of those decisions. Many of them reason only that if consensual same-sex sodomy may be criminalized under Bowers v. Hardwick, then it follows that no heightened review is appropriate – a line of reasoning that does not survive the overruling of Bowers in Lawrence v. Texas, 538 U.S. 558 (2003). Others rely on claims regarding “procreational responsibility” that the Department has disavowed already in litigation as unreasonable, or claims regarding the immutability of sexual orientation that we do not believe can be reconciled with more recent social science understandings. And none engages in an examination of all the factors that the Supreme Court has identified as relevant to a decision about the appropriate level of scrutiny. Finally, many of the more recent decisions have relied on the fact that the Supreme Court has not recognized that gays and lesbians constitute a suspect class or the fact that the Court has applied rational basis review in its most recent decisions addressing classifications based on sexual orientation, Lawrence and Romer. But neither of those decisions reached, let alone resolved, the level of scrutiny issue because in both the Court concluded that the laws could not even survive the more deferential rational basis standard.



Application to Section 3 of DOMA



In reviewing a legislative classification under heightened scrutiny, the government must establish that the classification is “substantially related to an important government objective.” Clark v. Jeter, 486 U.S. 456, 461 (1988). Under heightened scrutiny, “a tenable justification must describe actual state purposes, not rationalizations for actions in fact differently grounded.” United States v. Virginia , 518 U.S. 515, 535-36 (1996). “The justification must be genuine, not hypothesized or invented post hoc in response to litigation.” Id. at 533.



In other words, under heightened scrutiny, the United States cannot defend Section 3 by advancing hypothetical rationales, independent of the legislative record, as it has done in circuits where precedent mandates application of rational basis review. Instead, the United States can defend Section 3 only by invoking Congress’ actual justifications for the law.



Moreover, the legislative record underlying DOMA’s passage contains discussion and debate that undermines any defense under heightened scrutiny. The record contains numerous expressions reflecting moral disapproval of gays and lesbians and their intimate and family relationships – precisely the kind of stereotype-based thinking and animus the Equal Protection Clause is designed to guard against. See Cleburne, 473 U.S. at 448 (“mere negative attitudes, or fear” are not permissible bases for discriminatory treatment); see also Romer, 517 U.S. at 635 (rejecting rationale that law was supported by “the liberties of landlords or employers who have personal or religious objections to homosexuality”); Palmore v. Sidotti, 466 U.S. 429, 433 (1984) (“Private biases may be outside the reach of the law, but the law cannot, directly or indirectly, give them effect.”).



Application to Second Circuit Cases



After careful consideration, including a review of my recommendation, the President has concluded that given a number of factors, including a documented history of discrimination, classifications based on sexual orientation should be subject to a heightened standard of scrutiny. The President has also concluded that Section 3 of DOMA, as applied to legally married same-sex couples, fails to meet that standard and is therefore unconstitutional. Given that conclusion, the President has instructed the Department not to defend the statute in Windsor and Pedersen, now pending in the Southern District of New York and the District of Connecticut. I concur in this determination.



Notwithstanding this determination, the President has informed me that Section 3 will continue to be enforced by the Executive Branch. To that end, the President has instructed Executive agencies to continue to comply with Section 3 of DOMA, consistent with the Executive’s obligation to take care that the laws be faithfully executed, unless and until Congress repeals Section 3 or the judicial branch renders a definitive verdict against the law’s constitutionality. This course of action respects the actions of the prior Congress that enacted DOMA, and it recognizes the judiciary as the final arbiter of the constitutional claims raised.



As you know, the Department has a longstanding practice of defending the constitutionality of duly-enacted statutes if reasonable arguments can be made in their defense, a practice that accords the respect appropriately due to a coequal branch of government. However, the Department in the past has declined to defend statutes despite the availability of professionally responsible arguments, in part because the Department does not consider every plausible argument to be a “reasonable” one. “[D]ifferent cases can raise very different issues with respect to statutes of doubtful constitutional validity,” and thus there are “a variety of factors that bear on whether the Department will defend the constitutionality of a statute.” Letter to Hon. Orrin G. Hatch from Assistant Attorney General Andrew Fois at 7 (Mar. 22, 1996). This is the rare case where the proper course is to forgo the defense of this statute. Moreover, the Department has declined to defend a statute “in cases in which it is manifest that the President has concluded that the statute is unconstitutional,” as is the case here. Seth P. Waxman, Defending Congress, 79 N.C. L.Rev. 1073, 1083 (2001).



In light of the foregoing, I will instruct the Department’s lawyers to immediately inform the district courts in Windsor and Pedersen of the Executive Branch’s view that heightened scrutiny is the appropriate standard of review and that, consistent with that standard, Section 3 of DOMA may not be constitutionally applied to same-sex couples whose marriages are legally recognized under state law. If asked by the district courts in the Second Circuit for the position of the United States in the event those courts determine that the applicable standard is rational basis, the Department will state that, consistent with the position it has taken in prior cases, a reasonable argument for Section 3’s constitutionality may be proffered under that permissive standard. Our attorneys will also notify the courts of our interest in providing Congress a full and fair opportunity to participate in the litigation in those cases. We will remain parties to the case and continue to represent the interests of the United States throughout the litigation.



Furthermore, pursuant to the President’s instructions, and upon further notification to Congress, I will instruct Department attorneys to advise courts in other pending DOMA litigation of the President's and my conclusions that a heightened standard should apply, that Section 3 is unconstitutional under that standard and that the Department will cease defense of Section 3.



A motion to dismiss in the Windsor and Pedersen cases would be due on March 11, 2011. Please do not hesitate to contact us if you have any questions.



Sincerely yours,





Eric H. Holder, Jr.
Attorney General 


Obama Administration Drops Defense of DOMA

The Human Rights Campaign, the nation’s largest lesbian, gay, bisexual and transgender civil rights organization, today praised the Obama Administration’s decision not to continue its defense of the so-called “Defense of Marriage Act” (DOMA) in court.  DOMA denies federal recognition and benefits to legally married same-sex couples and purports to allow states to deny recognition to those couples as well.

“This is a monumental decision for the thousands of same-sex couples and their families who want nothing more than the same rights and dignity afforded to other married couples,” said HRC President Joe Solmonese.  “As the President has stated previously, DOMA unfairly discriminates against Americans and we applaud him for fulfilling his oath to defend critical constitutional principles.”
HRC has engaged in an effort to encourage the administration to abandon its defense of the statute for years, including writing to the President directly and encouraging our members and supporters to contact the administration as well.

Under federal law, the Department of Justice must report to Congress its intent not to defend the statute and it is likely that anti-LGBT leaders in Congress will take up its defense.

“Congressional leaders must not waste another taxpayer dollar defending this patently unconstitutional law,” said Solmonese.  “The federal government has no business picking and choosing which legal marriages they want to recognize.  Instead Congress should take this opportunity to wipe the stain of marriage discrimination from our laws.”

DOMA, passed in 1996, denies married same-sex couples over 1,000 rights, benefits and responsibilities tied to marriage under federal law.  These include Social Security survivors' benefits, family and medical leave, equal compensation as federal employees, and immigration rights, among many others.

The GLBT Center of Colorado (The Center) released the following statement in light of the decision:
“The Center is excited for the recent announcement from D.C. that the Department of Justice will no longer actively defend Section 3 of DOMA,” said Mindy Barton, Legal Director for The Center “This makes it clear that progress toward equality is being made at every level in this country and that our government supports fairness for loving, committed couples regardless of sexual orientation.”

Things To do In Denver When You're Gay: Beer GAYmes at Tracks

I've been known to play some beer pong from time to time myself.

Winter Party 2011


The Winter Party Festival bills itself as "the hottest party all winter" and I'm inclined to agree. But then again, I've been a bit party deprived so far this year so all the parties are looking like the hottest party all winter to me.

Gay W.Va. coal miner details workplace threats, abuse

Sam Hall, a former coal miner, has teamed up with Fairness West Virginia to push for two bills that would add sexual orientation to the state's existing civil rights laws. Hall said he was subject to anti-gay harassment, verbal abuse and vandalism while he worked for Massey Energy.

Top marine calls integrating gay troops a "blip"

The nation's highest-ranking Marine Corps officer now says he believes adding openly gay and lesbian troops will not seriously disrupt military operations.

MileHighHotGuy: Ryan Lantzy

24-year-old Boulderite Ryan Lantzy says that he is "looking to bring my career in modeling to a new level."

Pectacular Ryan mentions that he is willing to do unpaid shoots with talented photographers to expand his portfolio.

Now if you'll excuse me, I'm off to buy a camera.

*Update: Photo removed by request

We're in the Army Now: Training Under Way to Introduce Gay Troops

Pentagon Briefing Jan. 28, 2011
Photo by R. D. Ward
Whoo-hoo! The U.S. military is engaged in training to facilitate the introduction of openly gay and lesbian personnel, and expects to complete the training by the end of summer. 

The law repealing "don't ask, don't tell" requires a 60-day waiting period once the president and top Pentagon officials certify the military is ready to accept gay recruits.

Montana House committee votes to ban local gay ordinances

What are they so afraid of? A committee of the Montana House of Representatives has voted to approve a bill that would gut local LGBT nondiscrimination ordinances and forbid towns and cities from enacting new ones

Yeah, forbid them from enacting new ones. Sheesh.

A leading proponent of the measure testified that local laws should not require him to rent to gay couples since his religion tells him that homosexuals are an abomination and deserve to die. 

The bill was sponsored by messy-haired Republican State Rep. Kristen Hansen (pictured).

It Gets Better: Who's the Hottest of Them All?

You love the message of Dan Savage's 'It Gets Better' campaign and it sure doesn't hurt that some of the messengers have been so easy on the eyes.

And now Gay.com wants to know which guy with an 'It Gets Better' video is the hottest of them all.

My vote goes to Mike Ruiz, middle of the left column. Dang, he's good-looking.

More companies paying for reassignment surgery

Large U.S. corporations such as Wells Fargo, American Express and AT&T are among those that have added health insurance coverage for transgender employees who choose to undergo sex reassignment surgery prescribed by their doctors, and more companies are expected to add the benefit soon

"Wells Fargo elected to offer this benefit to be competitive as an employer and also to support our comprehensive corporate commitment to diversity," a company spokesman said. 

Local trans activist and author Matt Kailey (pictured) says, "It is a positive thing that more and more companies are recognizing the need to cover the costs of transition. As usual, corporate America is far ahead of the government and politicians in acknowledging the needs of the country's highly diverse population.

Last year, in O'Donnabhain v. Commissioner of Internal Revenue
, the U.S. Tax Court determined that transition costs were tax deductible as a medical expense, indicating that transition is a medical necessity.

Through the actions of these corporations, we see that they are beginning to realize two things: first, that transition is, in fact, a medical necessity and not a choice, and second, that in order to compete for highly skilled and valuable employees in today's marketplace, they must offer comparable medical benefits to all workers.


Obviously, these companies are recognizing the fact that they do not want to lose current employees or cause highly skilled job seekers to apply elsewhere. They need to compete for the best employees by offering the best benefits possible, and they are now aware that a person's trans status has nothing to do with his or her abilities or job performance.


I believe that it will soon become apparent to all employers that ensuring comparable medical benefits for all employees is a sound business decision."

Out Magazine Names Essential Gay Films

Out magazine asked its favorite directors, entertainers, and artists – including Dustin Lance Black, Lee Daniels, John Waters, and Margaret Cho – to help compile its list of 50 Essential Gay Films.


Volunteer at CAVP

The Colorado Anti-Violence Program (CAVP) is looking for new volunteers to become a valuable part of the organization!  There are many ways you can get involved, including becoming a trainer, community outreach and education, fundraising, administrative tasks, event planning or joining Branching Seedz of Resistance, CAVP's emerging youth organizing project (Open to youth ages 13-24).  

latina health summit volunteersAll trainings will integrate popular education principles, Theater of the Oppressed exercises and interactive discussions giving folks an opportunity to engage and learn in deeper ways.

CAVP are especially looking for more youth involvement and for volunteers to become trainers.  

This is the only Train the Trainer series of 2011 so don't miss out!  Space is limited! RSVP by calling 303-839-5204 or e-mailing 
crystal@coavp.org by March 16th.  Breakfast and lunch will be provided.  Once you have reserved your spot, you will receive more information about the training. Both of these trainings will take place in Denver.

Tuesday, February 22, 2011

Jennifer Hudson - Where You At (Behind The Scenes)


Check out some behind-the-scenes footage of Jennifer Hudson's new music video for 'Where You At'. It sounds good and she looks cuuute.

Facebook Adds 'Civil Union,' 'Domestic Partnership' Options to User Profiles

Last week Facebook added 'In a Civil Union' and 'In a Domestic Partnership' options to user profiles. The option is now available for users in the U.S., Canada, the United Kingdom, France and Australia.


"Facebook sent a clear message in support of gay and lesbian couples to users across the globe," said GLAAD President Jarrett Barrios. "By acknowledging the relationships of countless loving and committed same-sex couples in the U.S. and abroad, Facebook has set a new standard of inclusion for social media. As public support for marriage equality continues to grow, we will continue to work for the day when all couples have the opportunity to marry and have their relationship recognized by their community, both online and off."

GLAAD was among the organizations that met with Facebook to advocate for this change.

In October 2010, Facebook partnered with GLAAD and other national LGBT organizations to create "Network of Support," an educational initiative that works to combat anti-LGBT cyberbullying. GLAAD also worked with Facebook to reshape the way that the site responds to hateful, anti-LGBT comments posted on public pages.

Facebook's "Network of Support" is comprised of five leading LGBT advocacy organizations in conjunction with MTV's "A Thin Line" campaign, including GLAAD, GLSEN, HRC, PFLAG and The Trevor Project..

HRC supports state groups in Delaware and Tennessee

The Human Rights Campaign, the nation’s largest lesbian, gay, bisexual and transgender civil rights organization, and the Tennessee Equality Project (TEP) are pleased to announce a renewed partnership to work towards equality in Tennessee.  HRC has provided a grant of $10,000 to TEP and will work closely with the organization to defeat negative legislation at the state level and pass pro-equality municipal measures.

Anti-LGBT legislation already introduced in the Tennessee legislature this year includes the “don’t say gay” bill (SB 49 / HB 229), which would prohibit honest and healthy conversations in Tennessee’s classrooms and further isolate vulnerable teens, and a bill (HB 331) to ban local governments from enacting stronger anti-discrimination provisions than those found in state law.

“We are pleased to forge a stronger partnership with Tennessee Equality Project and redouble our efforts in the Volunteer State,” said HRC President Joe Solmonese.  “Working together, we can make the state a better place for all Tennesseans to live, work and raise families.”

“We are excited to be partnering with the Human Rights Campaign in a meaningful way,” said TEP Board President H.G. Stovall. “All Tennesseans deserve equal protection under the law, and we will strive to ensure our rights are protected and expanded.”

Billy Leslie, a member of HRC’s Board of Governors in Nashville, added, “On behalf of HRC volunteers and supporters who live in Tennessee, we are proud to support the smart and strategic work of the Tennessee Equality Project and look forward to our continued work together.”

Announcement of the grant comes as leaders from the Human Rights Campaign’s Nashville community prepare for this Saturday’s 16th Annual HRC Nashville Dinner at the Loews Vanderbilt Hotel.  Information about the dinner is available at equalitydinner.com.  A limited number of tickets are still available.

Black Party Reveals New Poster...

... and it's interesting, to say the least.

Click here to see the the poster in its full, X-rated glory.

The Gay State of the Union: You Win Some, You Lose Some



Wyoming Legislature set to ban recognition of some marriages

Same-sex couples legally married elsewhere will not be recognized as married in Wyoming, if a bill working its way through the Legislature is passed

State senators rejected a proposed amendment that would have allocated funds to erect signs at state borders saying, "Warning: your marriage or civil union may be void or voidable in Wyoming. Proceed with extreme caution."

And no, that last part was not a joke.

Monday, February 21, 2011

Obama requests increased spending on HIV/AIDS programs

President Obama's 2012 budget proposal includes modest increases for certain HIV/AIDS programs, including an extra $105 million for the AIDS Drug Assistance Program, which helps people pay for expensive lifesaving drugs.

Target revises political giving policies

They're not quite waving rainbow flags just yet but Target officials recently said the company's experiences during the 2010 election cycle were a factor in deciding to create a policy committee to oversee the company's political activities

The company's contribution to a group supporting an anti-gay gubernatorial candidate in Minnesota brought condemnation from LGBT groups.

Mass. governor bans discrimination against state's transgender workers

Handsome Gov. Deval Patrick, D-Mass., recently signed an executive order banning discrimination in state employment based on gender identity and expression.

Proposition 8 appeal delayed

The California Supreme Court has decided to tackle a tough legal question posed to it by a federal appeals court, namely whether Proposition 8's proponents have legal standing to appeal a federal district court decision that found the ballot measure unconstitutional. The state's high court is not expected to issue its answer before September.

Marriage equality bill moves to Maryland Senate floor

A Maryland Senate committee voted to send a marriage equality bill to the full Senate, which looks likely to pass the measure in the next two weeks

"Anything can happen in Annapolis, so I'm still on the edge of my seat. But the bill is in great shape right now," said Sen. Jamie B. Raskin. Maryland would join the District of Columbia and five other states as places where same-sex couples can legally marry in the U.S.

Thursday, February 17, 2011

Jonny Burke - Little Girl of the World

Jonny Burke's "Little Girl of the World" from Matt Bizer on Vimeo.

CA-based singer-songwriter Jonny Burke has released his video for 'Little Girl of the World'.  A dreamy chase through woods, fields, lakes and the city, bookended with Burke bathed in the spotlight with his guitar onstage, the video was directed by Matt Bizer (who has worked on “True Grit,” “Predators,” “Observe and Report”).

MileHighGayGuy Advertiser Shout Out: National Teleprinting

Lodo's oldest and best all-purpose print shop, National Teleprinting has been located right downtown at 1420 Blake Street in Denver for the past 20 years.

No matter what your printing needs, National Teleprinting will get the job done right and to your specifications.

National Teleprinting is proud to be a member of the Chamber of Commerce and has been nominated for Denver's 'Small Business of the Year' Award.

Coming out .gay in a .com world

SPI Marketing founder Scott Seitz will ask a worldwide Internet governing body to approve ".gay" -- a new top-level domain suffix aimed at the LGBT community. 

In an interview, Seitz explains how his group will govern requests for new ".gay" domain names and responds to questions about expected opposition from some conservative countries.

Brits to allow gay church weddings

British couples may soon be allowed to celebrate their legal civil partnerships in churches, something that's forbidden under the existing civil partnerships law. 

Still, the Church of England, which has vowed it will not allow same-sex ceremonies, is advising caution, saying a change in the law could create confusion.

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