Thursday, January 27, 2011

Two Men Charged Under New British Law Barring Homophobia To Appear In Court, Second Same Sex Couple Sue Christian B&B Owners, President Obama Nominates Openly Gay Man For Federal Judge

Two men from Derby, England have been arrested and charged with inciting hatred on the grounds of sexual orientation, the first such prosecution since laws barring homophobia came into effect in March, 2010, according to a report by the BBC. The two men, 30 year old Razwan Javed and 27 year old Kabir Ahmed, will appear before a magistrate Friday, the charges relating to a leaflet the two distributed outside a mosque in Derby and through mailboxes in July, the flyer titled “The Death Penalty?” It called for homosexuals to be executed. Crown prosecutor Sue Hemming said “This is the first ever prosecution for this offence and it is the result of close working between the Crown Prosecution Service and Derbyshire Police. Following complaints from the public, Derbyshire Police mounted a thorough investigation. We have carefully reviewed the evidence provided by the police and are satisfied that there is sufficient evidence and it is in the public interest to charge these men.”

A second gay couple in England is suing a Christian Bed and Breakfast owner after she allegedly refused them accommodation because she claimed it contradicted her Christian beliefs to allow the couple to share a bed in March, 2010, reports the Telegraph. 63 year old Michael Black and 58 year old John Morgan, partners for over seven years, are suing Susan Wilkinson, and have pledged to donate any damages awarded to Oxfam. The story served to divide Britons, Chris Grayling, who was shadow Home Secretary at the time, lost an opportunity to be the Home Secretary after he was recorded saying B&B owners should be permitted to prohibit gays. Last week, Martyn Hall and Steven Preddy were awarded 3,600 pounds in damages from the owners of Cornish guesthouse when a justice ruled they acted unlawfully denying them a double room because Peter and Hazelmary Bull, the Christian owners, claimed it went against their beliefs. Black says “I think the two cases are important as it shows that discrimination is not acceptable anymore, that is a significant change in public opinion from 30 or 40 years ago. The legal situation is that breaking the sexual discrimination act is a criminal offence so there would be no consequences for the B&B owner unless we took legal action. We want to enforce the rule and make sure people can’t break the sexual discrimination act and get away with it. We’re not trying to stop anyone from observing their beliefs but to make it clear that their beliefs should not conflict with the discrimination laws in this country.”

The New York Times reports that President Obama has nominated 45 year old J. Paul Oetken, a former Clinton administration attorney to be a federal judge in Manhattan, Oetken poised to be the first openly gay man to serve on the federal bench in the United States. He is one of two openly gay men whose nominations are pending to federal courts. The other is Edward C. Dumont, an attorney who has been nominated to the Court of Appeals for the Federal Circuit in Washington. Mr. Oetken was nominated Wednesday by New York Senator Charles Schumer, almost a year after Schumer had recommended the president nominate Daniel S. Alter, a former assistant United States attorney, who is also openly gay, to the same court. Alter was never nominated, he believes because of statements falsely attributed to him regarding the phrase “Merry Christmas” and to the Pledge of Allegiance. Schumer said that Oetken fit his three criteria for federal judges – legal excellence, moderation of view, and diversity. “I am looking for people who fit the three criteria, and I was shocked to learn there were no openly gay male judges on the entire bench.”

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