transdada

poetics, time, body disruption and marginally queer solutions

Thursday, August 12, 2004

we are living in a police state... its time to wake up .. this gov. is a joke.. it tells us who to marry, what gender we are... and what we are when we are fucking.. it time to move on... kick them out..


CIS Announces Policy on Transsexual Applicants


In an interoffice memorandum, William R. Yates, Associate Director for Operations of the U.S. Citizenship and Immigration Services (CIS) announced that in its adjudication of spousal and fiancé petitions, the agency would not recognize a marriage or intended marriage where either party claims to be a transsexual.  Whether or not either party plans or actually undergoes sex reassignment surgery has no bearing on this decision.  The CIS adopted this approach to create nationwide consistency in lieu of varying state treatment of marriages involving transsexual applicants.  Some states issue a new birth certificate to a transsexual who undergoes sex reassignment surgery, which then enables that individual to obtain a marriage license.
 
Federal law determines the recognition of a marriage for immigration purposes.  The Defense of Marriage Act prohibits recognition of a same sex union as a “marriage” for immigration purposes, even if a state issued a marriage license to a homosexual couple.  Although neither this statute nor any other federal law discusses the legal status of a transsexual’s marriage, the CIS has followed its predecessor, the INS, by refusing to recognize a marriage where one party has undergone sexual reassignment surgery.  The agency requires exclusive recognition of an applicant’s gender as listed in his or her A-file unless the applicant presents a federal court order directing CIS to change its records.  The memo instructs CIS officers to follow objective indicators regarding name changes.  If an individual claims a different name than that in his or her A-file, which is typically used by the opposite sex, the officer should issue a request for evidence to establish an applicant’s identity.
 
In all other kinds of cases where gender does not play a central role in the adjudication of applications and petitions, CIS will not consider an individual’s claimed transsexuality.  Any documents will indicate the applicant’s gender at the time of issuance, so long as the individual submits the proper medical and other documentation of the new gender and legal name.  Unlike spousal and fiancé petitions, other types of adjudications no longer require an applicant to present a federal court order directing CIS to change its records when claiming a different gender than that in the A-file.  A non-citizen who requests a replacement document to indicate a name change after sex reassignment surgery must submit both the birth certificate issued at birth and the newly issued one reflecting the sex reassignment as well as the court order granting the legal name change. 



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Will and Grace" not indecent"
Ben Townley, Gay.com UK


Will and Grace has been cleared over indecency charges in the USA, after viewers complained that a simulated sex scene was too much.

The sitcom, which centres around a gay man and his straight best friend, was accused of indecency after it featured a supposed sex scene between two women. The episode was shown last March.

Americans For Decency complained about the scene, but the argument was dismissed by the country's Federal Communications Commission.

The FCC said the scene was not "patently offensive", and did not dwell on the sexual content.



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Man left unconscious in homophobic attack
Ben Townley, Gay.com UK


Police in Norwich are saying an attack which left a 45-year-old man beaten and unconscious was motivated by anti-gay feeling and are calling for witnesses to come forward.

The incident took place outside the city's The Loft gay club, on July 30 and around 3.30 am.

The unnamed victim was apparently jumped on by two men as he left the venue, and was subjected to roadworks signs being thrown at him, police say. He was then physically assaulted and abandoned.

The attack left him in hospital for two days.


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War Over Words In Gay Rights Issue


A group opposed to the repeal of the Cincinnati charter amendment that prohibits the city from granting protected status to gays and lesbians filed a legal challenge Thursday to proposed wording on the November ballot, calling the language misleading and incomplete.

The proposal reads "Shall the Charter of the City of Cincinnati be amended to repeal Article Twelve, which prohibits the city from protecting people from discrimination based on sexual orientation."

It is the words protecting, discrimination, and sexual orientation that those in favor of keeping Article XII say are politically charged and should not appear on the ballot, Local 12's Dennison Keller reported.



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Custody battle could be first test of new anti-gay law
By JUSTIN BERGMAN
Associated Press Writer
 
 
RICHMOND, Va. - A woman who had a child with her lesbian partner after entering into a civil union in Vermont is now suing for custody in Virginia, where a new law recently went into effect banning civil unions and other same-sex partnership contracts.

The state's leading gay rights organization, Equality Virginia, said the lawsuit could bring the first challenge to Virginia's anti-gay law, which many legal scholars call the most restrictive in the nation.

A hearing is scheduled Friday in a Winchester court to determine whether Lisa Miller-Jenkins has sole parental rights over her biological daughter, 2-year-old Isabella. Lisa's former partner, Janet Miller-Jenkins, is contesting the action, claiming Vermont has jurisdiction over the case.

Though Lisa carried the child, Janet said Thursday the women selected a sperm donor with her physical characteristics so the child would look like the two of them. After Isabella was born in April 2002, both women took care of raising her. Janet didn't adopt Isabella because she was assured she had legal rights to the child under the couple's civil union.



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N.J. governor, saying he’s gay, resigns office
McGreevey’s decision comes ahead of expected sex-harassment lawsuit
NBC, MSNBC and news services


TRENTON, N.J. - New Jersey Gov. James E. McGreevey announced his resignation Thursday afternoon, saying he had had an extramarital affair with another man that could leave the state government vulnerable to undue outside influences.

“My truth is that I am a gay American,” McGreevey, a Democratic former prosecutor who has seen several political aides and fund-raisers accused of corruption, said at a televised news conference.



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Hundreds of Same-Sex Marriage Supporters to Gather at Protest Rally in West Hollywood Tonight, August 12, 2004


Members of the West Hollywood City Council, leaders of the Gay, Lesbian, Bisexual and Transgender community and hundreds of same-sex marriage advocates will gather at a rally tonight to protest the California Supreme Court's decision today in Lockyer v. City and County of San Francisco, et al., invalidating 4,000 same-sex marriage licenses issued by San Francisco Mayor Gavin Newsom earlier this year. The protest rally will take place tonight at 7 p.m. in front of the West Hollywood Sheriff's Station at the intersection of San Vicente Boulevard and Santa Monica Boulevard.



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N.Y. state opens up hospital visitation to domestic partners
by Mike Lavers
PlanetOut Network


The New York State Senate, in an unanimous 59-0 vote, passed a bill on Thursday which allows both same-sex and heterosexual domestic partners to visit their loved ones while they are in the hospital.

This piece of legislation, which was introduced by state Sen. Nicholas Spano (R-Yonkers), mandates every hospital in New York implement a policy that allows people who are in domestic partnerships to visit their partners regardless of what their marriage status may be.

"No domestic partner shall be denied any rights of visitation of his or her domestic partner when such rights are accorded to spouses and next of kin," the bill stated.

A nearly identical version of the state Senate's bill was approved by the New York State Assembly in early June by a nearly unanimous margin.



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PFLAG Applauds N.J. Gov. McGreevey's Courage, Encourages Support for Marriage


WASHINGTON, Aug. 12 /U.S. Newswire/ -- Following is a statement released today by Parents, Families and Friends of Lesbians and Gays, regarding N.J. Gov. McGreevey's decision to resign:

Based on Gov. McGreevey's statement today, PFLAG admires his courage as a public figure, a husband, a father and a gay man. Coming out always takes an incredible amount of bravery. As the parents, families and friends of lesbians and gays, we applaud and appreciate his stand.

Because Gov. McGreevey has opposed marriage equality in the past, we hope he will now join fair-minded citizens in New Jersey and across the country to build a just society where his gay brothers and lesbian sisters have the same rights as straight families.



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