Crown Appeals Stay For Trespassing Charge Against Man Who Distributed Anti-Gay Pamphlets At University Of Calgary, El Paso Victim Of Anti-Gay Hate Crime Speaks Out, Harrisville Utah Becomes 14th City Or County In State To Pass Ordinance Banning Discrimination Against Sexual Orientation And Gender Identity, Proposed Bill Would Allow Same Sex Couples To Adopt In Utah, Nick Jonas Succeeds In Business Without Really Trying, Andrew Hayden-Smith Nude, Armie Hammer Arrested In November For Marijuana Possession, Miley Cyrus Gives Liam Hemsworth A Big Penis Cake

A Crown appeal of a judicial stay for a trespassing charge against an Edmonton man for distributing anti-gay pamphlets at the University of Calgary nearly four years ago is set to be heard March 30 in Court of Queen's Bench. The appeal, filed by prosecutor Eli-ana Close, followed the controversial November 15 ruling by provincial court Judge John Bascom that found William Whatcott's charter right to freedom of expression was infringed. Close cited in her primary ground for appeal that the trial judge "erred in law in ruling that the Charter of Rights and Freedoms applies in the circumstances of this case." Alternatively, she said, the judge either erred in law in finding that the University of Calgary infringed Whatcott's charter rights or that the trial judge erred in his application of Section 1 of the charter. The Crown is seeking either a conviction on the charge, stemming from the alleged trespassing violation against Whatcott on July 25, 2008, or a new trial. Whatcott had been given an indefinite ban from setting foot on the campus, stemming from a similar incident on January 16, 2005, when Whatcott was cited for handing out anti-abortion flyers. That ban had also been lifted when the judge issued the stay of proceedings. Bascom had concluded in his ruling that "preventing the peaceful distribution of leaflets that an individual attendee finds offensive does not relate to an objective that is pressing and substantial," adding, "It is therefore not of sufficient importance to override a constitution-ally protected right. Having found the university actions in banning Mr. Whatcott is not a significant objective, it is unnecessary to move to the second part of the test, that is, the means chosen are reasonable and demonstrably justified. . . . I find that banning Mr. Whatcott is arbitrary and unfair. The means used by campus security halted Mr. Whatcott's distribution of these flyers and violated his right of free expression. In addition, the indefinite ban for Mr. Whatcott's actions of January 16, 2005, are out of proportion." Dale Fedorchuk, Whatcott's lawyer, said outside court following the judge's decision that "the judge applied the charter to the University of Calgary, notwithstanding the Crown's (Kristyn Stevens) argument that the university is private property to which the charter does not apply." Whatcott, at that time, called it "an important victory for social conservatives and Christians who want to express themselves." The case will be heard as a summary conviction appeal.

In El Paso, KFOX-14 reports that with the exception of a few stitches in his mouth, Emilio Moreno, 23, is physically almost recovered from a brutal beating that happened just over two weeks ago. "I'm doing a lot better, especially knowing they're caught and they're in jail and not going to hurt anybody else," said Moreno. He says the mental scars, though, will be harder to get over,” adding, “I don't take life for granted because they could have taken my life. I was down, but in the end I am still alive. They didn't take that away from me.” Moreno said he was hoping to have a quiet night that Sunday night two weeks ago when he went to Rumor's Sports Bar around the corner from his house. "I just remember being by myself and saying, I'm just going to have one beer not stay out late, and then I woke up in the hospital," he said. Since then, he does remember more about what happened in the alley behind the bar when he tried to walk home. "I just remember getting hit with something very hard that wasn't a fist in the back of my head, and they threw me to the ground, and I looked up and saw another guy that began holding me while the other one was kicking and kicking me," said Moreno. El Paso police have since arrested Arturo Contreras and Fernando Martinez in connection with the attack. Moreno said the two shouted anti-gay slurs at him as they beat him. He spent a couple of days at UMC recovering, but now he's slowly getting back to normal. "Yeah, they beat me that night, but it didn't change who I am," said Moreno. "There are gay people out there and people need to respect us. I believe we were born this way, it’s not something I can change," he said. Moreno says the FBI is now also investigating.

As two lawmakers ready to push a state-wide law that would ban discrimination against gay and transgender Utahns, one more local government has passed such protections. The Salt Lake Tribune reports that on Tuesday, the Harrisville City Council unanimously passed anti-discrimination ordinances, making it the 14th Utah city or county to do so. More than a quarter of Utahns now live in places where it is illegal to discriminate in housing and employment based on a person’s sexual orientation or gender identity. Harrisville, north of Ogden, has a population of 5,567. "A vast majority of Utahns support these protections that demonstrate our common values," said Brandie Balken, executive director of Equality Utah. "There is broad support — not just in larger cities or counties, not just in Salt Lake County — but across the state in smaller communities that may be perceived as more conservative." Nearly three-fourths of Utahns favour a state-wide law to protect gay and transgender residents from discrimination, according to a Dan Jones & Associates poll in October that was commissioned by Equality Utah. Representative Derek Brown (R-Cottonwood Heights), and Senator Ben McAdams (D-Salt Lake City), have announced plans to run a bill that would expand those protections state-wide, amending existing state laws that forbid housing and employment discrimination based on characteristics such as race, religion and sex. Similar bills have fizzled in the Utah Legislature the previous four sessions. But Brown and McAdams hope their colleagues like a new protection in their bill for political activity and speech. That would mean Utahns could not be discriminated against for things like giving money to California’s Proposition 8, the controversial 2008 ballot measure that overturned gay marriage in the Golden State.

Also in Utah, if passed, Senator Ross Romero's Adoption by a Co-parent Bill would allow gay couples, or any unmarried couple living together, to adopt. "Some people may not want to marry or some people may not be able to marry, so this could apply with equal force if they were sisters," says Romero, giving a hypothetical example. "One sister moved in with another sister and one of the sisters from a previous marriage had a child. They could not legally marry." According to KUTV, the two could legally be parents to the same child if the bill passes. However, it may be a tough sell to the Utah Legislature given that the bill failed last session. "I think it would be impossible of me to assume the intentions of the legislators who determine the fate of a bill like this one," says Executive Director of Equality Utah Brandie Balken. Balkan says the bill would have substantial impact on the state's lesbian, gay, bisexual and transsexual community by allowing them to adopt. But Romero says the bill is more than just about LGBT rights, but about parental rights, gay or straight. "What this bill says is 'I know what is best for my child and it will be judged on what's in the best interest of the child,'" Romero explains. Romero says the parent could be able to designate a co-parent to raise the child, whether that person is a sister, brother, or significant other. Although Romero is not convinced it will pass this year, he says it is important to keep the dialog going and believes one day it will pass.

Nick Jonas – joined by cast member Michael Urie – takes a curtain call following his debut in the Broadway revival of How To Succeed in Business Without Really Trying.

The very cute British actor Andrew Hayden-Smith is photographed nude for Gay Times.

Authorities say Hollywood actor Armie Hammer was arrested at a border patrol checkpoint in West Texas after a drug sniffing dog discovered marijuana in his car. The 25-year-old, who starred with Leonardo DiCaprio in J. Edgar, spent about a day in jail before paying a $1,000 bond. According to The AP, arrest records show he had 0.02 ounces of marijuana, three medicinal marijuana cookies and one brownie when arrested November 30 in Sierra Blanca, a few miles from the Mexican border. El Paso's district attorney declined to prosecute because a felony requires more than 4 ounces of actual marijuana. The county attorney could pursue lesser charges since the case is going back to the local sheriff, but Hammer's lawyer Kent Schaffer says no charges have been presented.

Does anyone know why Miley Cyrus would give her boyfriend Liam Hemsworth a birthday cake decorated with an enormous penis? Or why she goes down on said cake as it was wheeled into the room?