US - Maine Human Rights Commission rules in favor of M2F gender-variant child... [2009-07-01 Bangor Daily News]

http://www.bangordailynews.com/detail/109732.html
   
Wednesday, July 01, 2009

State rules in favor of young transgender   

By Abigail Curtis
BDN Staff

AUGUSTA, Maine — The Maine Human Rights Commission ruled Monday that the Orono School Department discriminated against a transgender child by denying her access to the girls bathroom.

While the school department’s lawyer warned that schools around the state may not be ready to manage the practical fallout from the decision, civil liberties advocates hailed the ruling as an advancement of human rights.

“This ruling is a huge step forward for a vulnerable population that is entitled to the full protection of the law,” said Zachary Heiden, legal director of the Maine Civil Liberties Union. “There will always be voices who claim we’re not ready, we’re not there yet, the time to end discrimination is next year, or next session. But victims of discrimination should not have to wait.”

The attorney for the child and her parents said his clients are very happy with the outcome of their complaint.

“At the very heart of it is the issue of basic human dignity and fundamental civil liberties,” said Eric Mehnert. “It was a good decision.”

But Melissa Hewey, attorney for the Orono School Department, said the ruling was “a huge leap.”

“I’m not sure that it takes into account practicalities that face educators around the state,” she said. “You can understand [the ruling] intellectually. You can agree with it intellectually. But practice is sometimes different — and I think that’s what may have escaped some people in this case.”

The discrimination in question first occurred in October 2007 when the child was in the fifth grade at Asa Adams School. Until then, she was allowed to use the girls’ bathroom, although she was biologically male. But that fall, the transgender child was followed into the girls room by a male student who had “previously started to harass her by stalking her and calling her ‘faggot,’” according to the Maine Human Rights Commission investigator’s report.

After the second such episode, the boy was suspended and removed from the transgender child’s class. At that point, school officials told the transgender child that she had to use a single-stall faculty bathroom at the other end of the school, and that was when her parents decided to take the matter to the Maine Human Rights Commission.

Paul Melanson, grandfather of the boy accused of harassing the transgender student, also filed a complaint with the Maine Human Rights Commission, saying that not allowing his grandson to use the girls bathroom or the faculty bathroom as the other child did was a violation of his grandson’s right to public accommodation under the Maine Human Rights Act. Melanson had given his grandson permission to use the girls bathroom as long as the transgender student was doing so, according to the report.

Enough is enough, an irate Melanson said Monday of the commission’s ruling.

“It ticks me right off that you’re letting a kid run the whole system,” he said.

Melanson is now trying to inspire Maine moms to protest the decision, which he thinks is wrong — and unfair to both boys and girls.

“Little boys do not belong in the little girls room, and vice versa,” he said. “This isn’t just about my kid. A lot of children have come up to me and said that this isn’t right.”

On Monday, the commission found that Asa Adams School did not unlawfully discriminate against Melanson’s grandson “because of his sexual orientation,” which is a heterosexual male.

“Minor Student 2 was disciplined because his biological sex is male and his gender identity is male and he used the girls’ bathroom,” the investigator’s report said.

Hewey said the commission made the right decision in this case.

“You can hope that most people won’t use their children as pawns to make political statements,” she said.

Patricia Ryan, executive director of the Maine Human Rights Commission, said this decision is among the first to involve schools, sexual orientation provision, gender identity and the issues of bathroom use. She said schools in Maine likely will want to take a look at it.

It was the commission’s second ruling in two months on transgender people and public restroom use. On May 18, the commission found that a transgender woman was discriminated against at a Denny’s restaurant in Auburn when management would not let her use the ladies room until she had sex reassignment surgery.

“Every time you get new jurisdiction, the first decisions that are made are always new,” Ryan said. “They’re always in areas in which the courts have not had the opportunities to develop case law.”

According to Mehnert, his clients wanted to bring the case in part because the parents’ previously “wonderful” relationship with school officials over their child’s public accommodation had broken down.

“The message that was sent from the superintendent said that it is OK to segregate this child, it is OK to ostracize this child,” Mehnert said. “I think [the parents’] biggest challenge is their fear — it’s a very real fear — that the Orono school system has told them that they don’t think they can protect the child.”

Because the child started identifying as a girl at a very young age, the parents had worked with school officials to have a plan for “reasonable accommodation,” Mehnert said. But when the fifth-grade incidents happened, the school moved to resolve the situation with “no interactive conversation,” he said.

Hewey said school officials had the child’s interests in mind.

“Not only did they provide accommodation, a separate bathroom, that was the bathroom that the student’s health care practitioner recommended,” she said.

Mehnert said his clients had hoped to look at the fifth-grade incidents as an opportunity for education rather than a problem.

“They felt that the school could be a leader in what everyone sees as a very complex issue, and they were rebuffed,” he said.

The Maine Human Rights Commission is the state agency charged with the responsibility of enforcing Maine’s anti-discrimination laws. It attempts to resolve complaints of discrimination to the mutual satisfaction of those who are involved, according to its Web site < http://www.state.me.us/mhrc/ >.

Related Stories:

Panel backs transgender woman in restroom case
http://www.bangordailynews.com/detail/106487.html


Related Links:

Maine Human Rights Commission
http://www.state.me.us/mhrc/

-

Comments:

On 06/30/09 at 9:51 PM, TracyMcHatten wrote:
What a crock. So the girls are to share the bathroom with a boy that isn't even old enough to know what transgender even means. This State is a total disgrace. When will the majority ever have to stop bowing to the lunatic fringe minority? Glad my kids are grown.


On 06/30/09 at 9:58 PM, karenlite wrote:
Stop discrimination! It hurts.


On 06/30/09 at 10:13 PM, Kevin_of_Bangor wrote:
TracyMcHatten how do you know this child is not old enough to understand what transgender means?
It seems pretty clear from the article that this child knew from a very early age that it was transgender and being it is a subject you have no clue about you are just assuming that a child is to young to understand the meaning when a child is not. A child can learn a great deal at an early age and they can understand very complex issues such as being transgender. You seem to be very closed minded in your thinking TracyMcHatten.
Paul Melanson, You are an idiot old timer stuck in your ways. I'm willing to bet he is homophobic and sadly he most likely is teaching his Grandson to become homophobic as well. As for his stupid comment that a kid is running the show. A kid is not. Adults made this decision and he is not happy with their decision. Paul Melanson should take a very long hard look in the mirror but sadly he never will.


On 06/30/09 at 10:15 PM, chersully2000 wrote:
I don't think this grandfather is really teaching his grandson the right lessons.....in sort of using him as a pawn , whether that was his intention or not. I do not believe he has taught his grandson anything good at all. Perhaps he could have made his point of view about this in another way if he felt so strongly about it....but not dragged his young grandson further into it.


On 06/30/09 at 10:18 PM, outlaw wrote:
well there ya go its official ,what ever was left of gov sanity just went out the window,id pull my kid out of that school so fast,thank god mine are grown up.peace


On 06/30/09 at 10:19 PM, chersully2000 wrote:
Adults teach children so many things....and hate or intolerance should not be something they model or teach.
And, also....and this pertains to another comment on another BDN article. People should be able express their opinions on the BDN comments pages without being called names. If one has to stoop to that.....then who has the issue?


On 06/30/09 at 10:38 PM, watergal wrote:
Has this kid gone through Surgery yet? Is he going to have it done? Go all the way if that's how he feels.


On 06/30/09 at 10:40 PM, alces247 wrote:
Transgender? One is either a male or a female. I'm glad I'm not a child having to grow up in this sick enviroment.


On 06/30/09 at 10:45 PM, cm1113 wrote:
It is real simple kids if you have a penis you are a man. If not you are a girl. You cant be both. So go to the appropriate bathroom.


On 06/30/09 at 10:48 PM, TracyMcHatten wrote:
WHAT PART OF "HE" DON"T YOU LIBERAL PEOPLE UNDERSTAND? HE was born male. "HIS" grandfather sued. Stop discrimination it hurts? THAT'S PART OF LIFE. (Before my comments get repeated thumbs down, may I remind you that there is not a surer way for them to be read.)


On 06/30/09 at 10:52 PM, alces247 wrote:
As Jackie Mason says " you can't be a table and a chair,you're one or the other."


On 06/30/09 at 11:08 PM, chersully2000 wrote:
The parents of the transgender child filed a discrimination complaint.....then a complaint was filed by the grandfather of the boy who harassed the transgender child. TracyMcHatten: Do you have your facts correct.....it does not sound like it.


On 06/30/09 at 11:16 PM, Kevin_of_Bangor wrote:
Again, TracyMcHatten. Explain to me how you know in such detail how a child cannot know they are transgender. Explain to me in detail how you are an expert in transgender people. Explain to me that just because someone is born male or female they don't feel they fit in the body that where born into.
I'm far from a LIBERAL as you stated. I own firearms, I wish all states had the death penalty but I'm also for a woman’s right for abortion and I'd love to see that homosexuals and lesbians can marry. I'm not a liberal nor am I a conservative. I am an independent and I enjoy being one.
You TracyMcHatten should sit down in real life with a transgender person and talk to them to see how they feel. To find out what they go through, how hard things are for them and how confused they are but you never will. You are stuck in your ways and you won't change because you have no desire to which is sad.
Open your mind, do some research and maybe you will one day realize that transgender people are no different than you or I. They where just born the wrong sex.


On 06/30/09 at 11:36 PM, fireblodgett wrote:
This state is going straight down the toilet. Boys in the boys room and girls in the girls room.....period.


On 06/30/09 at 11:39 PM, Studog wrote:
Way to punish an entire population who are not comfortable with having MALES in the FEMALE's restroom. 1 person's "comfort" trumps everyone else. What has this state come to?


On 06/30/09 at 11:39 PM, TracyMcHatten wrote:
Kevinof Bangor, when I grew up just twenty or so years ago, this story would have not even been printed. I ashamed to live in this State, ashamed of the morals of the people nowdays, and ashamed of YOU! THER IS NO WAY IN HELL THIS KID IS BEHIND THIS LAWSUIT! I am NOT an expert an expert in transgender people THANK GOD! PERVERTED BEHAVIOR IS PERVERTED BEHAVIOR! Sounds to me like a non- Christian conservative like me struck anerve with you. CONFUSED is the KEY word about confused transgendered people. BORN WITH A PENIS = MALE. What part of that don't you, an enlightened progressive tolerant person, do not understand???


On 06/30/09 at 11:53 PM, Elizabethann wrote:
I would pull my kids out of school. That is ridiculous. I knew it would come to this. Everyone should pull their kids out. Parents have so little control of what the kids have to deal with when they are in school but this takes the cake. It won't take long for some teenage guy with a little imagination to say well today I feel like a girl. I'm going into the girls locker room and there is really legally nothing anyone can do to stop him. Sounds like chaos to me. And a free meal ticket for some.


On 07/01/09 at 12:04 AM, Kevin_of_Bangor wrote:
So move out of the State of Maine then TracyMcHatten. I would welcome that your ignorant presence is no longer around.
Can you show facts that the child had no influence in the lawsuit? Seems his parents where very supportive of it and I'm sure they discussed it with him before moving it forward. The child could have simply no but I doubt that was the case. I could be wrong but I doubt I am.
I'm also wondering how you are a non christian but you stated thank god. That reads very christian to someone such as me. You are just a very ignorant person with a much closed mind. You refuse to look at facts and accept a truth that is different than your own beliefs.
Maine has enough ignorant people and you are more than welcomed to move away.


On 07/01/09 at 12:07 AM, EJParsons wrote:
Just another story that proves just how screwed up we're getting in this country. Just another nail in the American coffin. And just one more reason we have "Don't ask, don't tell" in the military. Congress wouldn't allot the military enough money to build all of the different bathroom and sleeping facilities to make every confused person happy.
If God made you a man, be a man. If God made you a woman, be a woman. God didn't make you gay, transgender, bi or any other orientation. Don't mess with what God made. He won't be very happy with you.


On 07/01/09 at 12:31 AM, Kevin_of_Bangor wrote:
EJParsons you don't realize that some of us are atheist and don't believe in any sort of god. Everyone is born an atheist. You are taught religion; you are not born with it. You are not born with a god, you are taught there is a god so you can take your god talk and shove it.
You where taught there was an Easter bunny, a Santa as well as a tooth fairy and you believed it until you became older and realized none of them where real but sadly you still believe in an invisible sky wizard because you where taught and the key word is taught there is one.
No god made me. My mother and father made me. I popped out of my mom’s vagina and I was born. Sadly I was forced to go to church. I had no choice. Sadly I was told there was a god and devil, again I had no choice. It was forced upon me. I was never given the choice as a child to say no or make up my own mind.
This child who is male understands something that neither I nor you cannot even start to phantom. It found it is a female trapped in a male’s body. It has a penis but does not desire it. It wishes to be a woman and it should have that right to become one. The amount of ignorance that some of you show is amazing because your bible teaches you that he was born male he must remain male.
Just remember this. One single man named Constantine decided your path. I decided my own.
Born an atheist and will die an atheist.


On 07/01/09 at 12:39 AM, justmehere wrote:
TracyMcHatten,Alces247, CM1113 and plenty of others, you might want to rethink your comments. Having a penis does not make you male and having a vagina does not make you female. Aside from the poor transgendered souls born into the wrong body (which may yet be shown to be genetic in origin), it is also medically possible to be born one sex yet be another genetically. One can have all the female equipment including a vagina (but no uterus or ovaries), yet be genetically male with XY chromosomes. It is called complete androgen insensitivity. The child is genetically programmed to be male, yet certain receptors in the body don't respond to the male hormones. There are other similar disorders that fall all along a spectrum. There are also true transexuals that are born with both sets of gear.
Those are scientific FACTS, not just your knee-jerk reactions. Read up on them, perhaps a bit of knowledge will make you a touch more understanding of others, though I doubt it.
And, much like Kevin, don't even go down the "liberal road". I'm a crotch scratching, gun totin, Chevy truck driving redneck. I just happen to have a brain and try to use it.


On 07/01/09 at 12:43 AM, chersully2000 wrote:
Sometimes things go "awry" in biology.....or let's say differently. We are not all carbon copies of anything. People are not all born the same. Some babies are born perfectly physically healthy....some are not. There are differences.....but the things that make us human, and caring human beings....those things are not changed by biology or whether we are heteosexual , homosexual,etc.


On 07/01/09 at 12:52 AM, chersully2000 wrote:
To clarify: I was not implying that someone transgender is not physically healthy.....my point was, that there are differences (caused by physiology, hormones,etc.) It is undeniable that there are some differences in people's physiology from the start.....and was just using as an example that one baby might be born without any real health problems, and another might not have that same start. There are variances in so many areas. (apparently some children are born with autism or at least the propensity for it.) Not comparing autism to someone being transgender....of course not. Just saying people are born differently.....not everyone is the same. There are differences in biology. justmehere is right........there are scientific facts, whether wants to ignore them or not.


On 07/01/09 at 1:31 AM, border wrote: Click here to view hidden comment


On 07/01/09 at 5:25 AM, 4equalrights wrote:
Chersully2000, Kevin_of Bangor, justmehere well said. For the others, try be supportive of this child who will have so many people against her.


On 07/01/09 at 5:44 AM, johnnycakemtn wrote:
Transgender? What the hell is that


On 07/01/09 at 5:57 AM, sabre1973 wrote:
Please explain to me what the school did wrong. They provided a unisex bathroom, the only mistake was it was labeled "faculty". What about the little girls rights to privacy and the assumption that people of the same physical attributes will be sharing their bathroom. What is the sexual preference of a transgender, anyway?


On 07/01/09 at 6:13 AM, karenlite wrote:
Each person deserves to be respected for who they are, in this case the transgender child was understood by her parents and teachers and was given the right to use the girls bathroom until the hate and bullying started. You must for a moment take your blinders off to understand the special needs that people have. Be slow to criticize and take the time to educate yourself.


On 07/01/09 at 6:20 AM, Lobstarok wrote:
First came gay marriage...


On 07/01/09 at 6:26 AM, karenlite wrote:
That's a good thing...


On 07/01/09 at 6:31 AM, freedomfighter wrote:
What a sick world we live in. This kid needs help and he's not getting it from his parents.


On 07/01/09 at 6:32 AM, mcbell wrote:
I for one don't want my daughter going into the same bathroom at school with a male. A girls bathroom is no place for a child who was born a male, no matter what the he thinks he is. What has happened to the morals of this country? I think the school was correct when they offered a bathroom that was not the girls bathroom for a male. If the boy ........... wants to have a sex change that's fine but the girls
bathroom is no place for him. I don't need to educate myself on any thing and don't consider what I'm say to be discrimination, it's common sense not to let a male use the girls bathroom.

--

©2009 Bangor Publishing Co.

Britain - Marginalised Bermuda gays will proudly publicise their lack of equality in the 2009-07-04 London Gay Pride parade... [2009-07-01 Bermuda Sun]

http://www.bermudasun.bm/main.asp?SectionID=24&SubSectionID=270&ArticleID=42047&TM=48639.05
   
Sirkka Huish
Sub-Editor
         
07/01/2009
   
Islanders will march in London to support gay rights

Gay and lesbians will march through the streets of London in their Bermuda shorts to fight for equal rights.

Scores of Bermudians in traditional dress are expected to come together to highlight their plight in the annual London Gay Pride parade on Saturday.

To make themselves "unmissable" they will all be wearing pink Bermuda shorts, blue knee-length socks, white shirts and blue ties while waving small Bermuda flags.

Several of them will be on scooters and a handful of Gombey dancers are also expected to take part. The Bermudian contingent will be marching behind a huge Bermuda flag and banner saying 'Bermuda-London Gay Pride.'

The gay and lesbian community decided to take part in the parade to show "the House of Lords and British government" what is going on.

It's the latest move in a high-profile campaign to add the 'sexual orientation' words to the 1981 Human Rights Act, which outlaws discrimination in employment, housing and public services.

It is believed to be the first time that Bermuda has been represented at the event because "we're a British colony and people have to know what is happening."

Those taking part will include Bermudians who live in London, as well as a group of Bermudians who have travelled to the capital city especially for the event.

Mark Anderson, one of the few who are openly gay in Bermuda, said: "Bermudians really wanted to be part of this year's London parade, a lot of people will be taking part.

Make a statement

"We need to make a statement, we need this change in legislation for the words sexual orientation to be added.

"We will show the House of Lords and the British government, we're a British colony and people have to know what is happening."

He added: "London Pride is going to be given a real Bermuda flavour.

"We love our country but we have to make this universal statement as everyone will be watching."

Pride London is now in its sixth year and aims to promote equality and diversity. It is one of the biggest Gay Pride events in the world with the afternoon parade expected to attract about 500,000 people.

Mr. Anderson has performed all over the world as drag queen Sybil Barrington and is one of the most popular but controversial entertainers in the Bermuda Day parade.

He cannot attend London Pride because of work commitments, but said: "More Bermudians in the last decade or so have become supportive of gay rights.

"But it's still not enough, as gays we should have rights."

Mr. Anderson's message to Premier Dr. Ewart Brown is: "If Bermuda wants to keep up with the Jones's we need to get with it."

In May 2006 there was a House of Assembly protest after MPs failed to debate a Private Members Bill brought to the House by the then PLP MP Renee Webb.

The following year campaigners launched the Two Words And a Comma campaign to fight for the Human Rights Act amendment to end discrimination on the grounds of sexual orientation.

Mr. Anderson said: "Whether you are gay, lesbian or transgender, we will continue to raise awareness universally

"We are saying we are here, we exist and we are living our lives."

--

Copyright 2009, Bermuda Sun Ltd.

US - Was Michael Jackson A Pedophile? [2009-07-01 ScientificBlogging]

http://www.scientificblogging.com/j_michael_bailey/was_michael_jackson_pedophile

Was Michael Jackson A Pedophile?

By Michael Bailey

July 01st 2009

The predictably massive postmortem analysis of Michael Jackson has focused on both his enormous talent and his spectacular strangeness. Although there is lively debate whether Jackson or Elvis Presley is the all time King of Pop, there is no question which of them is the King of Weird.

Elvis Presley had his quirks—secret meetings with Nixon, shooting at television sets, and of course, drug abuse. But these did not compare with Michael Jackson's bizarre physical appearance, abetted by untold plastic surgeries; child-like speech; enjoyment in sleeping with (and perhaps "sleeping with") boys; obsession with Peter Pan; and of course, drug abuse.

Jackson's weirdness, unlike Presley's, was publicized for years before his death. So it is disappointing to read the banal psychological interpretations of his behavior. The most common thread is that Jackson's cruel and ambitious father robbed Michael of his childhood.

Slate's Jacob Weisberg wrote, back in 2005: "Almost everything that seems freakish about him can be explained by his poignant, doomed effort to get his stolen childhood back."

Really? How many musicians, athletes, and actors have had overbearing parents who made their childhoods miserable? How many of these resemble Jackson in any way whatsoever: the freakish surgically altered face, the affected voice, Neverland, llamas and chimps, and sleeping with pubescent boys?

A unique person like Michael Jackson requires a unique explanation. Furthermore, Jackson's weirdness was so multifaceted that it presents both a challenge and an opportunity. An hypothesis that explains only one unusual fact is not so useful. One that can explain several is much more so.

I propose an explanation of Michael Jackson that, if true, can explain several seemingly unrelated things: the molestation accusations and interest in children, the obsession with Peter Pan, and the facial surgeries. I think that Michael Jackson had an erotic identity disorder.

What was Michael Jackson's sexual orientation? He was married twice to women and may or may not have fathered three children. Still, his sexuality was the subject of considerable speculation. I recall hearing him speak for the first time during the 1983 Motown 25 special and concluding that he was probably gay.

Other people must have had the same impression because his mother protested around that time: "Michael isn't gay. It's against his religion. It's against God. The Bible speaks against it." I wasn't convinced. In a recent story printed in the British press < http://www.dailymail.co.uk/news/article-1196009/Im-better-dead-Im-How-Michael-Jackson-predicted-death-months-ago.html >, a reporter claimed to have met two of Michael's gay lovers.

Now, even if these reports are true, I don't think that Michael Jackson was gay—although my reasons are different than his mother's. To be sure, some gay men marry women, and there are surely many famous heterosexually married performers whose private sexuality is homosexual. But in important ways, gay men do not behave like Michael Jackson did. They do not get elaborate facial surgery that makes them look freakish, for example. They try to maximize their desirability to other gay men, and gay men enjoy conventionally handsome and masculine faces.

 When I thought Jackson was gay, it was because of his unusual manner of speech. Since then, I've studied gay speech and learned that I was wrong. Although there is a gay accent prevalent in many gay American men, Jackson didn't have it. And gay men don't raise the pitch of their voice the way that Jackson did.

Nor do gay men seek the company of pubescent boys, especially to share their beds with. As everyone knows, Michael Jackson was twice legally accused of sexually interacting with boys. The first boy was 12 when the alleged molestation < http://www.kingofpopnews.com/chandler_statement.html > began in 1992.  The second was 13 when the alleged abuse occurred in 2003. (A third accusation, involving a somewhat younger boy, was settled out of court for $2 million in 1996.) I do not know anything more about these incidents than is available in the public record. Unsurprisingly, Michael Jackson denied committing any offense. He was never put on trial for the first accusation and was found not guilty of the second.  I have no reason to question that verdict, but keep in mind that criminal convictions require certainty "beyond reasonable doubt."

There is certainly a reasonable doubt about Jackson's guilt, at least in my mind.

Still, if I had to bet on what is most likely, I would bet that he did molest a boy, at least the one from 1992. In that case, the criminal charges were dropped, and Jackson settled with the boy's family, reportedly for $20 million. Jackson insisted that he wanted to pursue the matter in court but that the insurance company made him settle. (With unintended irony, he later said: "I didn't want to do a long drawn-out thing on TV like O.J. and all that stupid stuff.") The idea that an insurance company forced him to settle a nuisance claim for millions of dollars seems unlikely, both to me and to the lawyers I consulted. To be sure, there was also evidence in both cases that the families were financially motivated. But with Jackson's financial assets supporting the best lawyers and publicists, it is unsurprising that his team managed to raise significant doubts.

Though inconclusive, the repeated molestation charges and rumors were worrisome. And even Michael Jackson admitted that he loved to sleep in the same bed as children. (It seems that he preferred boys to girls.) That's what precipitated the criminal investigation in 2005. Neither several accusations of sexual abuse of boys nor his admission that he loved sharing his bed with boys necessarily meant that Jackson was sexually attracted to boys. But it is a reasonable hypothesis—arguably, the most reasonable hypothesis—that he was.

So for now, let's assume that Michael Jackson was sexually attracted to the boys he was accused of molesting. What was his sexual orientation? Jackson was sometimes accused of being a pedophile. "Pedophilia" refers to the sexual preference for children who have not yet entered puberty. The word "pedophilia" is used too imprecisely these days, sometimes to refer even to teachers who have sex with their 16 years old students. That is an incorrect usage, because 16 years old students are usually sexually mature. Those teachers have bad judgment but are not pedophiles.

Jackson's alleged victims were in an age range intermediate between biological children (who have not entered puberty) and sexually mature individuals (who are well into, or beyond, puberty). Although we can't know for sure, without a medical exam from the time of the alleged abuse, it seems most likely that Jackson's alleged victims were pubescent, meaning that they were in the early stages of puberty. Such children have some pubic hair development, and some breast budding if they are girls, but are otherwise quite physically immature. I have seen pictures of naked pubescent children. (They are used by Canadian scientists to assess sexual preferences in sex offenders and are legal for that use there.) I believe that most normal men would find those images to be strange looking and much less appealing than images of more sexually mature women.

The word for sexual attraction to pubescent children is "hebephilia" < http://en.wikipedia.org/wiki/Hebephilia > (pronounced "heebuhfeelia"). Hebephilia appears to be a distinct sexual orientation from pedophilia, and it is somewhat more common. If the rumors and accusations are true, then Jackson appears to have preferred pubescent boys, and so would have been a homosexual hebephile.

Homosexual hebephiles and pedophiles are not gay. Gay men are sexually attracted to physically mature men and are no more aroused by male children than straight men are by female children. Furthermore, unlike gay men, homosexual hebephiles and pedophiles did not tend to start out as feminine boys. (As far as we can tell, all hebephiles and pedophiles are men. The rare woman who molests children is more likely to have a mental illness than a stable sexual preference for children.)

Some hebephiles have some flexibility in their sexuality. Sometimes they are attracted to children below their ideal age. Sometimes they are attracted to adults above their ideal age. But their ideal partner's age is still 11-14, and their ideal partner's body is pubescent.

Hebephilia and pedophilia are sexual orientations, just like normal heterosexuality and homosexuality. Also like normal sexualities, they are not just sexual. Not only do straight men have sex with women, they also fall in love with them, court them, bond with them, and sleep in the same bed with them, often without anything overtly sexual occurring. There is no reason why hebephiles and pedophiles would not also have feelings of love and attachment, as well as sexual attraction, towards children.

 To reiterate, I do not know if Michael Jackson molested any boys. But I think he might have, and if he did, he was probably a homosexual hebephile. If he was, it can help explain other aspects of his strange persona. Before I say how, I need to take another sexual detour, this one an inversion.

Pedophilia and hebephilia are specific examples of a general class of sexual disorders called paraphilias < http://en.wikipedia.org/wiki/Paraphilia >. Other paraphilias include sexual masochism and sadism, exhibitionism, zoophilia (sexual attraction to nonhuman animals), and fetishism (sexual excitement for nonhuman objects). No one knows what causes paraphilias, although I strongly suspect that they are inborn errors of brain development. For some reason, paraphilias occur almost exclusively in men, and not uncommonly, they co-occur in the same person.

One paraphilia that may be relevant, in a general way, to understanding Michael Jackson is autogynephilia < http://www.psych.northwestern.edu/psych/people/faculty/bailey/MJ/Autogynephilia.htm >. Men with autogynephilia are sexually aroused by the idea of themselves as women. Thus the name: auto (self) gyne (woman) philia (love). Males with autogynephilia most often discover during puberty that it turns them on to dress in women's clothing, especially lingerie.

They go through a stage where cross dressing in private is intensely sexual. Some men with autogynephilia have sexual fantasies about having female genitalia, and many of these men acquire them. Autogynephilia is probably the most common motivation in the United States for sex reassignment surgery among males becoming female.

Autogynephilia is a special kind of paraphilia because it represents an inversion of the desired object inside the self. Autogynephilic men are like straight men—they love women—except that the woman an autogynephile loves most is the woman he creates inside himself. I know, I know, this is a strange and difficult concept. It might help to provide an additional example. The most extreme autogynephile I have ever known did not only cross dress but would at some other times would glue (yes glue!) fake vulvas over his penis, wear fake breasts, and film himself (as a pseudo-woman) engaging in pornographic acts with a male dummy. This was highly erotic to him. This person eventually got surgery and is now living as a woman.

 Do not confuse autogynephiles with individuals such as gay drag queens or homosexual males who decide to become women. Homosexual drag queens and transsexuals are exclusively and unambiguously attracted to men, and they do not cross dress or behave like women, or imagine that they have female genitalia, in order to excite themselves sexually.

I refer to paraphilias such as autogynephilia as "erotic identity disorders." Autogynephilia isn't the only erotic identity disorder, but it is the most common one. This is because heterosexuality is the most common sexual orientation. So if an inversion error happens, it is most likely to happen in an otherwise heterosexual man. Most autogynephiles retain some ability to be attracted to real women, that is, women who live outside themselves. In erotic identity disorders, the kind of person a man desires to become is identical to the kind of real, external person he is most attracted to.

A much rarer erotic identity disorder is the sexually-motivated desire to become an amputee < http://www.annelawrence.com/publications/amputation-GID.pdf >. A subset of men are erotically driven to have particular limbs amputated (usually, but not always, one of their legs). These men often admit sexual fantasies about being amputees, and tellingly, they are usually very attracted to amputees—just as autogynephiles (who want to be women) are usually very attracted to women. This erotic identity disorder (technical name: apotemnophilia) is much rarer than autogynephilia, presumably because attraction to amputees is much rarer than attraction to women. Apotemnophilia is an erotic identity disorder because sexual desire for amputees has been inverted to the self, causing a sexual desire for oneself as an amputee.

Michael Jackson probably did not have autogynephilia, and he certainly did not have apotemnophilia, but he may have had something similar, another erotic identity disorder.

And we'll discuss that in part 2 Michael Jackson: Erotic Identity Disorder?
http://www.scientificblogging.com/j_michael_bailey/michael_jackson_erotic_identity_disorder


COMMENTS:

The word "pedophilia" is used too imprecisely these days, sometimes to refer even to teachers who have sex with their 16 years old students. That is an incorrect usage, because 16 years old students are usually sexually mature. Those teachers have bad judgment but are not pedophiles...

Hebephilia and pedophilia are sexual orientations, just like normal heterosexuality and homosexuality...

Feel free to call me narrow minded, but the effects of pedophilia and hebephilia on victims is dramatic and enduring.  A homosexual orientation is typically not significantly damaging either emotionally or psychologically to consenting adults, but therein lies the problem - consent.

At what age do you feel a child can make a quality decision concerning his or her sexuality?  These days, with adolescence extending well into the 20s, it would seem that individuals under the age of majority as defined by law, are ill-prepared to make such a determination.

And excuse me once more, but many of my clients would strongly disagree with you that pedophilia (which I do use broadly to encompass hebephilia) is merely a sexual orientation.  The devastating permanence and pervasiveness of childhood sexual assaults cannot be disregarded or justified.

One sex offender that I was acquainted with tried to defend the sexualization of his then 5 year old daughter by saying that until social services got to her, she considered his molestations to be normal.  The implication was clear - that incest and pedophilia are ok, and individuals should be left alone to practice both freely.  It would have been interesting to observe his daughter's initial reactions, for I will bet she did not feel their relationship was legitimate.

Laura Hult | 07/01/09 | 14:55 PM


I'm not quite sure what it is about Professor Bailey's post that causes you to believe that he disagrees with you. I'm sure he would agree that pedophilia and hebephilia have significant adverse effects on children and that children should not legally have the right to consent to sex. He labels them paraphilias, for God's sake. The statement that pedophilia and hebephilia are sexual orientations like other more normal sexual orientations does not imply that hebephilia or pedophilia are themselves normal sexual orientations, quite the opposite. I'm sure that Professor Bailey is just as troubled by child molestation as you are.

Anonymous (not verified) | 07/01/09 | 15:44 PM


I'm not quite sure what it is about Professor Bailey's post that causes you to believe that he disagrees with you...He labels them paraphilias, for God's sake.

There are paraphilias, and then there are paraphilias.  For example, having a fetish for say rubber clothing does not necessarily mean anyone is going to get hurt.  A physical act of pedophilia does involve injury to another.

Prof. Bailey states that "hebephilia and pedophilia are sexual orientations, just like normal heterosexuality and homosexuality".  Perhaps this was badly worded, but as it stands, hebephilia and pedophilia are equated with hetero and homosexuality, thus lending social legitimacy to both practices.

Laura Hult | 07/01/09 | 16:00 PM


Hebephilia, pedophilia, heterosexuality and homosexuality are also all english words, but that doesn't equate them or lend social legitimacy to any of them. Of course they are all sexual orientations. Hebephilia is sexual attraction to pubescent kids. Pedophilia is sexual attraction to prepubescent kids. Homosexuality is sexual attraction same sex partners. Heterosexuality is sexual attraction to opposite sex partners. All of this is noncontroversial and beyond dispute. The point of the post was not to make a moral statement about any sexual orientation but rather to make a statement about Michael Jackson's sexual orientation. I'm sure Professor Bailey agrees that homosexuality and heterosexuality are "good" sexual orientations because they don't harm anyone, and hebephilia and pedophilia are "bad" sexual orientations because they harm kids. Nothing in his post is inconsistent with any of that. Am I missing something? Do you disagree?

Anonymous (not verified) | 07/01/09 | 16:35 PM


At what age do you feel a child can make a quality decision concerning his or her sexuality?  These days, with adolescence extending well into the 20s, it would seem that individuals under the age of majority as defined by law, are ill-prepared to make such a determination.

This is a bit of a gray area to me, although I understand the argument.  As I'm sure you're aware, while this tends to be a viewpoint that many people share, my concern stems from the fact that it doesn't seem to be applied with equal certainty when the teen-ager is male.  In addition, more importantly, this clearly goes completely against the idea of trying teen-agers as adults for crimes.

After all, if a teen-ager can be held accountable for an act of violence, it is a difficult argument to suggest that they aren't equally mature to determine their sexual behavior.  If a 16-year old can't make a quality decision, how would we try them for a crime like rape?  Is it strictly the violence, the sexual element ... ?

In addition, we have the problem that many teen-agers at this age are themselves engaged in sexual activity amongst their peers.  Once again, the problem is that if they lack the ability to make such decisions, then isn't the problem THEIR behavior, and is it really controllable?  In many ways this is no different than the poor quality decisions people (especially teenagers) make with alcohol, drugs, etc.  There is little doubt that all of these have the potential to wreak havoc on someone's life.   However, poor choices or not, isn't it possible that there isn't anyone to blame except themselves.   Often, I suspect that older adults make for easy targets because their behavior is on the fringes, but, even if the consent is of poor quality, I'm not sure that criminalizing it solves anything.

I can agree that I don't think that it is appropriate for a 30+ year old to be sexually active with a teen-ager, but ultimately that's my opinion.  I'm not sure that the "quality" of a decision is a necessary consideration to criminalize an activity.

Gerhard Adam | 07/01/09 | 17:18 PM

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ABOUT MICHAEL BAILEY
I am Professor of Psychology at Northwestern University. I study sexual orientation and related traits such as sex atypicality and gender identity. In 2003 I published a popular science book, Full Bio < http://www.scientificblogging.com/profile/michael_bailey >


MORE J. MICHAEL BAILEY ARTICLES:

Michael Jackson: Erotic Identity Disorder?
http://www.scientificblogging.com/j_michael_bailey/michael_jackson_erotic_identity_disorder

Was Michael Jackson A Pedophile?
http://www.scientificblogging.com/j_michael_bailey/was_michael_jackson_pedophile

Transsexual Smokescreen: Ignoring Science In “The Man Who Would Be Queen”
http://www.scientificblogging.com/jmichaelbailey/transsexual_smokescreen_ignoring_science_in_the_man_who_would_be_queen

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© 2009 ION Publications LLC     

India - Gay sex 'not criminal' in India... [2009-07-02 BBC News]

http://news.bbc.co.uk/1/hi/world/south_asia/8129836.stm

07:01 GMT, Thursday, 2 July 2009 08:01 UK

Gay sex 'not criminal' in India

A court in the Indian capital, Delhi, has ruled that homosexual intercourse between consenting adults is not a criminal act.
The ruling overturns a 148-year-old colonial law which describes a same-sex relationship as an "unnatural offence".

Homosexual acts were punishable by a 10-year prison sentence.

Many people in India regard same-sex relationships as illegitimate. Rights groups have long argued that the law contravened human rights.

Delhi's High Court ruled that the law outlawing homosexual acts was discriminatory and a "violation of fundamental rights".

The court said that a statute in Section 377 of the Indian Penal Code, which defines homosexual acts as "carnal intercourse against the order of nature" and made them illegal, was an "antithesis of the right to equality".


'India's Stonewall'

The ruling is historic in a country where homosexuals face discrimination and persecution on a daily basis but it is likely to be challenged, says the BBC's Soutik Biswas in Delhi.

It also promises to change the discourse on sexuality in a largely conservative country, where even talking about sex is largely a taboo, our correspondent says.

Gay rights activists all over the country welcomed the ruling and said it was "India's Stonewall".

New York's Stonewall riot in 1969 is credited with launching the gay rights movement.

"It [the ruling] is India's Stonewall. We are elated. I think what now happens is that a lot of our fundamental rights and civic rights which were denied to us can now be reclaimed by us," activist and lawyer Aditya Bandopadhyay told the BBC.

"It is a fabulously written judgement, and it restores our faith in the judiciary," he said.

But the decision was greeted with unease by other groups.

Father Dominic Emanuel of India's Catholic Bishop Council said the church did not "approve" of homosexual behaviour.

"Our stand has always been very clear. The church has no serious objection to decriminalising homosexuality between consenting adults, the church has never considered homosexuals as criminals," said Father Emanuel.

"But the church does not approve of this behaviour. It doesn't consider it natural, ethical, or moral," he said.

In 2004, the Indian government opposed a legal petition that sought to legalise homosexuality - a petition the high court in Delhi dismissed.

But rights groups and the Indian government's HIV/Aids control body have demanded that homosexuality be legalised.

The National Aids Control Organisation (Naco) has said that infected people were being driven underground and efforts to curb the virus were being hampered.

According to one estimate, more than 8% of homosexual men in India were infected with HIV, compared to fewer than 1% in the general population.

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Are you in India? What is your reaction to the court ruling? How will it change life for homosexuals in India?
Name

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SEE ALSO:

Anger at 'shameful' India gay law
http://news.bbc.co.uk/1/hi/world/south_asia/4602068.stm
11 Jan 06 |  South Asia


RELATED INTERNET LINKS:

Indian courts
http://indiancourts.nic.in/

The BBC is not responsible for the content of external internet sites

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© MMIX The BBC

Iraq - BBC 5Live reports that gay life in Iraq is worse than under Saddam... [2009-07-02 PinkNews]

http://www.pinknews.co.uk/news/articles/2005-13067.html

BBC 5Live reports that gay life in Iraq is worse than under Saddam

By Staff Writer
PinkNews.co.uk

July 02, 2009 - 22:30

The ability of gay people In Iraq to live relatively freely has been severely curtailed following the toppling of Saddam Hussein, a documentary to be aired on BBC Radio 5Live will report. Although apparently not revealing anything that PinkNews.co.uk has already reported, the programme does inform the wider British public of the issue.

In Gay Life After Saddam, Aasmah Mir finds out how life for the country's gay, lesbian, bisexual and transgendered community (LGBT), is actually got worse since the over throw of the dictator more than six years ago.

As PinkNews.co.uk has reported before, hundreds of LGBT people have been killed or tortured while others have fled the country fearing for their safety since Saddam was toppled from power six years ago.

Gay Iraqis have found it hard to gain the right to claim asylum in the UK.

Mir hears from campaigners and those who’ve been persecuted to see how life has actually changed for gay Iraqis.

Ahead of the broadcast, the programme's producer Ashley Byrne said: "The programme includes an interview with a gay Iraqi who was kidnapped and raped before fleeing the country, we hear from a young man who fled to Paris after being tortured and we get exclusive access to a so-called ‘safe house’ harbouring vulnerable LGBT Iraqis on the outskirts of Baghdad.

Adding: "Some of the evidence is very difficult to comprehend especially a form of torture involving glue and diarrhoea inducing drugs."

Mir also meets a London based Iraqi who’s life is under threat for the work he’s doing to help gay people in his homeland.  Ali Hilli  (a pseudonym) claims has had two fatwas issued against him from extremists in the Middle East.

Radio 5 live Commissioning Editor Jonathan Wall said : "This important programme raises issues about human rights and tells some stories seldom heard in the general narrative from Iraq. Its a moving and powerful documentary."

The programme also includes interviews with the Iraqi Prime Minister, religious leaders and ordinary people on the streets of Baghdad where homosexuality is still viewed by many as an illness and something that needs treatment.

END

Bermuda - Full human rights for Bermuda's gender-variant folk seemingly ignored by all—again! [2009-07-03 Royal Gazette]

http://www.royalgazette.com/siftology.royalgazette/Article/article.jsp?articleId=7d971af30030013

Friday, July 03, 2009   

New Culture Minister now responsible for sexual orientation amendment to Act

By Clare O'Connor

Former Culture Minister Dale Butler has relinquished responsibility for the equal rights amendment he had spearheaded since its controversial failure in 2006.

Mr. Butler, who resigned from Cabinet on June 20, told The Royal Gazette that his replacement Neletha Butterfield will now be tasked with tabling the Human Rights Act amendment in the Fall parliamentary term.



Neletha Butterfield

"Ms Butterfield will be responsible for the entire bill," he said yesterday. "I will not be interfering in any way with the decision of the Government."

The proposed amendment to the Human Rights Act 1981 would outlaw discrimination based on sexual orientation.

Mr. Butler has professed to support equal rights for gays and lesbians in Bermuda, but was famously in the bathroom during the unsuccessful vote on the subject three years ago, when former PLP MP Renee Webb tabled a private member's bill.

Ms Butterfield said that she had yet to be apprised of all the workings of her new Ministry, so could not confirm whether the amendment would still be tabled as planned.

"I would love to wave a magic wand and know everything all at once," she said.

Ms Butterfield directed The Royal Gazette to Wayne Carey, permanent secretary at the Ministry of Culture and Social Rehabilitation.

"There has been extensive consultation with numerous stakeholders over the last two years with respect to what changes, including a clause on sexual orientation, might be considered," Mr. Carey said.

"Former Minister Butler had considered several recommendations for changes to the Human Rights Act 1981, with a view towards the drafting of an amending bill to be tabled in the Fall parliamentary term.

"Minister Butterfield will undoubtedly consider all of the materials pertaining to reform of the Human Rights Act, and I expect to receive direction in due course as to how Minister Butterfield, and ultimately Cabinet, intends to proceed."

Meanwhile, this Saturday will see gay and straight Bermudians alike marching in London's annual Pride parade in a show of solidarity.

Local equal rights group Two Words and a Comma is not behind the Bermuda contingent's participation, but supports the intention of increasing the visibility of the LGBT community.

"It is, in my opinion, about being visible and being proud rather than ashamed of one's sexualilty," said Two Words and a Comma's David Northcott.

Bermudian Andra Simons will march in this Saturday's Pride parade, and believes over 30 LGBT London residents from the Island – and their straight friends – will represent Bermuda at the event.

"There is a community that is here, so there's a sense of reassurance that there are queer Bermudians like me," he said. "For me, this is that chance not to be underground."

He said he was personally devastated to hear of Mr. Butler's resignation.

"It was a blow," he said. "He is one of our strongest allies. When I heard he resigned I thought, oh no, we're back to square one. Whoever leads that Ministry has our lives in their hands. Ultimately there is a desire for the Government to recognise there is a whole population that is disenfranchised."

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©2009 The Royal Gazette Ltd.

Bermuda - Bermuda's gays plan Pride parade on island...  [2009-07-03 Bermuda Sun]

http://www.bermudasun.org/main.asp?SectionID=24&SubSectionID=270&ArticleID=42084&TM=46940.68
   
Sirkka Huish
Sub-Editor
         
07/03/2009
   
Bermuda's gays plan Pride parade on island

Community plans march on Bermuda Day to prove island attitudes have “moved on”

Bermuda's gays and lesbians hope to parade through the streets of their home island once they have had "a practice run" at London's Gay Pride.

The island's gay community and their supporters - who live here and abroad - hope to come together for Bermuda Gay Pride "as soon as the island is ready".

They aim to increase visibility and solidarity of the island's gay community - and are thinking about collectively taking part in the Bermuda Day Parade.

Andra Simons, a gay Bermudian living in London, said: "Eventually we'd like to parade down the streets of Bermuda.


Drag queen

"We'd love to do something on our home island - it's something we'd all like to do. We would march as part of the Bermuda Day parade."

With regards to holding a Bermuda gay pride event, Adrian Beasley, 30, a Bermudian lawyer who is gay, said the island had "moved on a lot".

He added: "Marching down Front Street is not something that's very Bermudian in general.

"But it could happen, I don't believe people can be stopped from marching.

"Mark Anderson made a very big impression on Bermuda. Sybil [his drag queen stage name] is now an icon.

"So we have to keep the momentum going, then hopefully things will change."

As revealed in the Bermuda Sun on Wednesday, up to 50 people will take part in tomorrow's London Gay Pride parade wearing pink Bermuda shorts, blue knee-length socks, white shirts and blue ties while waving Bermuda flags.

Several people will be on scooters and a handful of Gombey dancers are also expected to take part.

The Bermudian contingent will march behind a huge Bermuda flag and banner.

Participants will include Bermudian gays and lesbians who live in London, those travelling to London from the island, plus 'straight' supporters.

Mr. Simons said they were looking forward to highlighting Bermuda on the global stage.

He said: "The main reason we are doing it is to create a sense of solidarity and visibility.

It's our 400-year anniversary celebrations and that was a catalyst for us taking part.

"We also hope this will be the year where sexual orientation is added to the Human Rights Act."

Alex Cabrall, a gay Bermudian theatre studies student in London, is also taking part in London's Gay Pride.

He said: "It's about solidarity and support for the gay community by showing visibility and pride. It's not about gay rights, it's about equality.

"There's no legal protection in Bermuda - you can discriminate on the basis of sexuality whether people are gay or straight." Mr. Beasley, who has flown to London to take part in the parade, claims he "felt the need to offer his support" as a proud Bermudian. He said: "We want to highlight the glaring inadequacies in the Human Rights Act.

"It's not just a gay rights issue, it's a Bermuda issue.

"We have an Act that is protecting some individuals but not others.

"We need equal human rights for everyone."

It is hoped that this is the first of many years that Bermuda will be represented at London's Gay Pride event.

It was during planning meetings that organisers agreed the event could be a "practice run" for "making it happen" in their home country.


Fear factor

Mr. Simons said "the fear factor" was the only thing that had stopped them holding parades in the past.

He said: "Many people fear repercussions for their families.

"It's such a close-knit community, it's going to take a lot of guts to do this."

Mr. Cabrall, 29, agreed, saying it was incredibly disheartening to see "open homophobia and open discrimination continuing in Bermuda".

He added: "A parade could certainly take place in Bermuda.

"But I don't think there would be large partici- pation.

"Too many Bermudians don't want to speak out or come out of the closet because of fear of repercussions."

-   
      
Related Stories:

• "I could never be open about my sexuality at home and had to move to London"
http://www.bermudasun.org/main.asp?SectionID=24&subsectionID=270&articleID=42083

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Copyright 2009, Bermuda Sun Ltd.

By lack of mention... I am perturbed that there are signs in 2009-07-03's Bermuda Royal Gazette < http://www.royalgazette.com/siftology.royalgazette/Article/article.jsp?articleId=7d971af30030013 > that ECHR obligated human rights legislation for Bermuda's transsexual folk is being swept under the mat—yet again!

Brenda Lana Smith  R af D...