Posts Tagged ‘ lgbt ’

Trans* Human Rights Bill C-16: A Look Back

Although I’ll be remarking on the passing of Bill C-16 elsewhere, I wanted to post Bill Siksay’s closing speech from February 7, 2011, back when the bill was in its third incarnation (of five), Bill C-389.  To me, it’s a profound moment to look back on, and realize just how far we’ve come.

It took 12 years to pass this bill.  For the first six, it was completely ignored, as was the trans* rights movement. Shortly after this speech, the bill did pass at Third Reading, and the effort finally was taken seriously… but was then very hard fought.  This speech was the moment (if there was any single one) that things changed.

I hope that Mr. Siksay’s efforts are remembered now.  Trans* people have usually been told to wait their turn, that legislation is incremental, that we should work for gay rights, and then the LGBTQ movement would come back for us.  This was a rare exception in which someone actually did come back.

Although the efforts of Randall Garrison, Jody Wilson-Raybould, and Grant Mitchell deserve much recognition, it would be very wrong to forget the person who started it all.

Mr. Bill Siksay (Burnaby—Douglas, NDP):  

Mr. Speaker, I want to thank all of the MPs who participated in the debate on Bill C-389 here in the House, in committee and in the community. I want to express my appreciation to those who are supporting the bill. Please note too that members of the transgender and transsexual communities appreciate this support.

 

I would like to speak personally for a moment. As a gay man, I know that securing my place as a full and equal citizen has been a long journey and an often hard-fought struggle. As a gay man, I know that my liberation came about thanks to the hard work, risk-taking and sacrifice of many queer brothers and sisters, and many strong allies. As a gay man, I know that the battle for my equality in our society was often led, often championed, by members of the transgender and transsexual community. I know that it was the drag queens who helped us fight back, and perhaps taught us to fight back, against the oppression, discrimination, prejudice and violence that we faced.

 

At Stonewall, but also long before and long after Stonewall, it was members of the trans community who helped lead and motivate our fight, and who stood in solidarity with us time and time again. That is one reason why I am proud to stand in solidarity with the transgender and transsexual community, as we finally seek their full equality and seek to establish their full human rights in law in Canada.

 

I have been greatly honoured to have been taken into the confidence of the trans community to be an ally and to work in solidarity with the community. It has been an honour to hear their stories and learn of their struggles. I have learned to be a better ally, a better friend, a better citizen as a result.

 

I have met beautiful, strong, loving and articulate people who face challenges I can hardly imagine and I am sure I do not fully appreciate. I count as friends people who live proud lives and express their full humanity against many odds. My understanding of what it means to be fully human has been challenged and expanded greatly by what I have been taught.

 

I have seen and sometimes shared the frustration, the anger, the tears and the deep sadness of people who are not yet equal, who too often face violence, sometimes to the point of death, and who mourn the loss of friends and family for whom the pain was more than they could bear. I have been strengthened by their resolve to claim their true identity and their place in our society, to live full lives and to be fully human.

 

This week the House will make a decision on the explicit inclusion of transgender and transsexual Canadians in our human rights law. That vote on Wednesday night will likely be very close. We may see the bill pass, which will be a cause for celebration and an opportunity to continue our work as it moves to the Senate; but the bill may also be defeated, it is that close. If that happens, let us remember that things have changed since we began this particular project six years ago. Let us remember that this is not the only forum in the struggle for the full equality of trans people. Let us not forget the victories and progress we have made in other places. Let us bask in the support of the new friends and allies we have found here in this place and across the country, and let us get ready to resume our work with new strategies and new plans.

 

I am confident that the change we seek will come. Justice will be done, and perhaps very soon the open and proud voice of transgender and transsexual Canadians will be heard loudly and clearly in this place. I hope that very soon an open member of the trans community will be elected and be able to directly, and from personal experience, voice the concerns of the community here in the House of Commons. There are celebrations to come.

For what it’s worth, if you watch at the 11:55 mark, you’ll see the original Third Reading voice vote (not the actual vote, but the vocal yeas or nays that can function as a vote if there is a clear winner and not enough division to tabulate a count), and the Speaker of the House Andrew Scheer (who is now the Conservative Party leader) ignores an audibly loud expression of support for the bill to say, “In my opinion, the nays have it.” Fortunately, there was enough division to ensure that there was a tallied vote.

Some other speeches made in Parliament over the years (chronologically):

Hedy Fry (C-389; June 8, 2010):

Megan Leslie (C-389; February 7, 2011):

Randall Garrison (C-279; April 5, 2012):

Dany Morin (C-279; April 5, 2012; en Français):

Craig Scott (C-279; June 4, 2012):

Joyce Murray (C-279; June 5, 2012):

Jody Wilson-Raybould (C-16; Oct. 16, 2016):

I know that I have missed many powerful moments.

In the end, it can be tempting to be angry that this has taken 12 years to accomplish the encoding of basic human rights protections.  But there is something to remember: for each of those 12 years, Canadians were talking about trans* people.  And (mostly) learning. This has been an important silver lining.

The fearmongering that takes place tends to travel in an arc: it catches on like wildfire, then people start learning the truth behind the myths, and eventually the myths lose their power and become marginal, laughable things at best.  It happened with bathroom panic, it happened may times during the gay & lesbian rights struggle, it happened for other civil rights movements, and we will continue to see it happen here.  The same will be true of the “free speech” fetishistic panic about pronouns… as long as we continue to challenge that panic with reality.

And in doing that, we can move forward.

What the “Walk on the Wild Side” controversy says about trans* awareness and a changing social movement

A little over a week ago, a University of Guelph student union drew international ire for condemning Lou Reed’s 1972 song “Walk on the Wild Side” as transphobic.  This occurred after the Central Student Association apologized on social media for playing the song at a campus event.  Although this might seem like a minor thing to get upset about (especially in the outrage-saturated age of Donald Trump), and most of the reaction has focused on the historic roots and intent of the song, the controversy is actually a noteworthy reflection of the changes that take place as a social movement — in this case, trans* activism — matures.

This brings to the surface a lot of mixed feelings for me, as a former activist who chose to be visible and vocal at a time before trans* people were taken seriously, let alone had much in the way of public acceptance.  “Walk on the Wild Side” was an inclusive part of the subculture; one of the rebellious anthems we rallied around and took pride in.

It shows how profoundly things can change as a marginalized class of people becomes better understood and more enfranchised: even those things that had once been welcome and validating can become sour and invalidating.  It also says much about how social movements evolve, and how each generation inevitably repudiates the last, as they seek to distinguish themselves.

It’s a process I came face-to-face with several years ago, while trying to form a trans-specific support organization in Alberta.  One of the town hall participants took me aside and tried to impress upon me that in order for the trans* movement to advance, the “dinosaurs” (which included me, apparently) needed to “make way for the new age.”  As hurtful as the discussion was, they did have some points that resonated in the years that followed, and ultimately contributed to my decision from withdrawing from trans* activism and (mostly) from writing about trans* issues.  Some of the concerns they raised were painfully pragmatic (i.e. needing to have leaders who didn’t bring with them the baggage of bitterness and ill will of having fought the lesbian and gay establishment for inclusion in LGBTQ activism), some insulting (i.e. suggesting that one had to be younger, academic and/or trans-male in order to be an acceptable “face” of trans* activism), but other arguments were the byproduct of recognizing the changing language we use to communicate trans-ness… and the tide of acceptance that was coming with it.

After all, the activism I was accustomed to was a kind of triage, of coping with and trying to educate traditionally hostile medical, governmental and social institutions, while directing people in need to safe, welcoming inroads and pushing those institutions behind the scene to provide better options and opportunities.  I’ve often likened the experience to dashing ourselves against the rocks in the hopes of blunting them enough for the next people to come along.  But the activism that was quickly becoming needed was more direct — lobbying, legal challenges, public actions — and although I started making some of those changes in what I was doing, there was a danger that by trying to be an intrinsic part of that activism, I might inadvertently hold it back by defaulting to the triage-style efforts I’d been accustomed to.  In the end, I realized there was some important truth to this.

My point, of course, is that along with awareness about trans* people, the movement toward trans* human rights is undergoing a generational metamorphosis.

Part of that metamorphosis is in the language used to communicate “trans-ness,” if you will.
This is seen in the many diverse and sometimes seemingly-chaotic genders that are being investigated and embraced as peoples’ terms of self-identification.  Although many of the newly-embraced genders are relatively beyond my own experience (I’m personally comfortable in a gender binary, while still recognizing the problematic social constructions with that), there are almost always very deep and specific reasons those gender terms have been embraced.  I’ve learned to respect and support (while not trying to speak for, except when there is no one present to do so) gender diversity that is outside my limited range of experience.

I raise this as a point of language because before a movement can fully coalesce, the language it uses to communicate itself needs to be rethought.  Until trans* people had a language to communicate their own experiences, they had to cope — often with a lot of frustration and awkwardness — with the language that was imposed upon them.  In my lifetime, trans* women and trans-feminine persons were conflated with gay men (particularly effeminate ones); trans* men and trans-masculine persons were conflated with lesbians (particularly “butch” dykes); trans* people were defined and categorized by medical practitioners who constructed stigmatizing models of mental illness to explain them; pornography and second-wave feminists alike defined trans* women as “she-males” (usually with the implication that ‘she’s really male’); social conservatives wielded terms like “crossdresser” and “transvestite” to reduce peoples’ entire experience to a clothing fetish… and even those terms were imperfect and evolved unexpectedly.  For example, in the 1990s, a lot of trans* women actually did refer to themselves as “crossdressers” and used that as a label to rally under — it was the limitation of the language people had available to them at the time.

It wasn’t until trans* people were able to assert their right to define themselves and determine for themselves what their words meant that the old stigmas could be shed and better-fitting terms and their definitions could be settled upon.  Some of that is still taking place, and it may seem strange at times — but it is a necessary process (I, for one, welcome and embrace it — as long as no one tries to redefine my own self and experiences, in the process).  Even now, there are still disagreements about using words like “transgender” as umbrella terms (which I why I personally prefer “trans*” — it provides a much more open-ended acknowledgement of the diverse range of experiences being discussed).

But some of the earlier problematic use of language still remains in the things that were written about us — both by cis* (non-trans*) people, and by we trans* “dinosaurs.”

I won’t go into too much depth about the particulars of the song “Walk on the Wild Side,” since a lot of that is public record.  Reed wrote the song as an intended tribute to some of the trans* folks he knew as a part of Andy Warhol’s clique at The Factory, particularly Holly Woodlawn and Candy Darling.  It’s also probably historically relevant that Reed had a lengthy and enigmatic relationship with a trans* woman (who has unfortunately faded into obscurity), which had a profound effect on him.This doesn’t change the fact, of course, that the song has some lyrics that now tread into potentially misgendering and transphobic tropes (“… Plucked her eyebrows on the way / shaved her legs and then he was a she….”) The content hasn’t changed — but the context given those lyrics certainly has.  And even if there is a consensus right now it that the University of Guelph Central Student Association is on the wrong side of the issue referring to the song as transphobic, the evolution of trans* activism and the lesson of histories of other social movements tell me that the student union’s statement is more in line with where that activism is headed.

This is true of a great many things that used to be a part of what used to be the trans* subculture.  Some of the things that we consider offensive now were embraceable or rallying anthems even ten or fifteen years ago, if only by the virtue that trans* people were so stigmatized and made to hide that anything that acknowledged our existence in even a mildly sympathetic way felt like progress.

Today, the film To Wong Foo, Thanks for Everything! Julie Newmar is likely to bring up heated discussions about the differences between drag queens and trans* women — if not angry division about whether drag is a kind of trans* “blackface.” In 1995, it was a celebration of a culture that was often one of the few safe-havens and opportunities to come out of the closet that trans* women had (although how welcoming the drag community was varied by region), even if it meant being willing to be a bit of a self-caricature.

In 1987, Aerosmith’s “Dude (Looks Like A Lady)” was sometimes taken as an affirmation, despite its misgendering — and in a twisted way, this may even have been in part due to the uncomfortably sexualized form of acceptance implied in the repeated refrain to “do me.”

In 1992, it was hard to know how to feel about the treatment of the character of Dil in The Crying Game, given Jody’s obvious love for her and the well-developed and nuanced relationship that she forms with Fergus… yet that is starkly contrasted with the jarring pivot of the movie, which has the latter vomiting upon the discovery of her trans* status.  Today, the movie is seen as the progenitor of the “vomit shot,” a recurring trope in an enormous amount of offensive material that portrays sex with trans* women as sickening.

Hedwig and the Angry Inch had a cult following that still largely adheres to the play and film, despite the fact that both [spoiler alert if it’s needed] end with the protagonist’s detransition — though to be fair, Hedwig has a second trans* character who doesn’t, so the decision is fairly painted as an individual one, rather than a morality tale that should apply to everybody.

Probably most notoriously, The Rocky Horror Picture Show periodically inflames division for centering around a character who was recently described as a “cannibalistic-murderer-mad-scientist obsessed with constructing the perfect Adonis to submit to Frank’s erotic pleasures,” while the original film (and theatre participation that went with it) is also paradoxically fondly remembered as peoples’ first opportunity to present themselves in public as their identified gender, and for its affirming themes like “Don’t Dream It, Be It.” Of all historic trans-related media, RHPS probably has the most chequered baggage, and isn’t helped any by being written by someone who somehow found a way to be both gender diverse and transphobic simultaneously.  In 2017, RHPS might be slightly rehabilitated by its campy intent and a remake starring Laverne Cox (which sadly makes it one of the few films about trans* people that the media industry saw fit to cast an actual trans* woman in), but I suspect that the future will not be as kind.

We’re even seeing this in the Twin Peaks reboot:

“When Denise first appeared on the ABC series in 1990, she was a trailblazer. Then (and today), trans people were practically nonexistent on network television. So to see a trans character like Denise who was smart, capable, and more than one-dimensional was a breakthrough moment for representation.

“… Jenny Boylan, a trans activist and cochair of the GLAAD board of directors, posted on social media that the scene “made me squirm.”

“25 years later the David Duchovny trans character in #twinpeaks ep 4 lands really differently, made me squirm. I’m not your dancing dwarf,” Boylan posted on Twitter…”

From perhaps 2006 to 2010 (my approximation, anyway), there has been a shift in language, and this has brought about a parallel shift in thinking. With the aftertaste of 2005’s Transamerica and the newfound ability of trans* people to tell their own narratives and define their meaning, it became no longer enough that a work of film, music or art simply be sympathetic for it to become anthemic or a point of communal pride. Since then, the language — and the context and depth of understanding that goes along with it — has been changing.
Inevitably, that means that some of the things we remember fondly do go the way of the “dinosaur,” fortunate or unfortunate as that may be.
(This post also appears at rabble.ca)

Canada’s forthcoming “drop your pants” trans* blood donation policy

In addition to reducing the required wait time between having sex and donating blood to one year for gay men, Canadian Blood Services is poised to release its first-ever guidance on how CBS personnel should respond to potential trans* donors: if it’s in you to give, then drop your pants.  While the policy has not yet been released officially, it was leaked to Buzzfeed, and is being corroborated by the health organization’s representatives on Twitter.

Oh, you don’t have to literally drop your pants. Canadian Blood Services doesn’t actually want to see your junk — they just want to know what’s there. Because that’s not invasive at all.

That is, I assume that no one is checking your junk. But it depends on whether voluntary information is sought by CBS, or some other proof. Identification doesn’t help verify genital status, because most provinces allow ID changes prior to surgery.  Requiring surgery proved to be discriminatory, prohibitive and created significant hardships for lengthy stretches of trans* peoples’ lives, if not indefinitely. [There is an interesting historical fact about that: surgery-based ID policies followed a precedent set by Sweden, where lawmakers in the early 1970s deliberately chose that benchmark, because it would ensure that sterilization occurred.]

The reasoning to the new CBS policy is that if your partner is male and you’re a pre- or non-operative trans* woman, post-operative trans* man, or a not-medically-inclined-at-all gender diverse person who has a penis, then CBS considers you to be a man who has sex with men (MSM). Besides seeming very reminiscent of ultra-conservative judgments about what constitutes a “real” woman or man, it also makes presumptions about one’s partners — i.e. insisting that a straight male who dates a trans* women is actually gay — and other judgments that are potentially shaming in nature.

It does raise some questions, though. For example, why would it take a year following genital surgery to become safe enough for trans* women with male partners to donate blood (by contrast, genital surgery would be immediately disqualifying for trans* men with male partners)? And if a potential trans* donor has slept with trans* partners, does the surgical status of everyone need to be disclosed?

The change follows a similar policy enacted for gay men in the U.S. last year, although that policy honoured trans* peoples’ own self-identification and considered their self-disclosed sexual history, rather than demanding intimate medical information.

Incredibly enough, this is actually an improvement over the previous situation with Canadian Blood Services, in which the ability to donate blood was mostly dependent on the subjective decision of clinic staff, and often saw trans* people of either and / or neither gender automatically classified as “MSM” — and sometimes, the sex of their partner(s) or whether they’d been sexually active at all were considered altogether irrelevant details.

Probably nothing better illustrates just how arbitrary and regressive abstinence-before-donating policies and adherence to narrow-sighted MSM classification are.  The change is also very poorly-timed, following the shocking massacre at Pulse Nightclub in Orlando, Florida, which saw the community hardest hit by the violence — predominantly Latinx LGBT people — unable to donate blood to help their loved ones and siblings-in-spirit (despite some misinformation circulating at the time).

Now, to be entirely fair to the Canadian health agency, this mode of thought didn’t originate with Canadian Blood Services.

For example, “Men who have Sex with Men (MSM)” terminology originated with the Centers for Disease Control (CDC) and other early public health organizations. It was ironically intended to be more inclusive than only focusing on gay men, but had the (theoretically unintended) result of invalidating trans* peoples’ gender identification. For the longest time, though, international health NGOs resisted acknowledging the existence of trans* people, and stubbornly insisted the classification was adequate… which only reinforced the impression that the invalidation was deliberate.

In fact, “MSM” language, thinking and subsequent HIV activism and education (aside from whatever mitigation occurred at the grassroots level) has a history of alienating trans* people, and confounding safe sex initiatives, outreach and data-gathering among trans* populations — a tragic situation for a community in which infection rates remain significantly high.  Even LGB(t) organizations perpetuated the problem, although this gradually improved around the start of this decade. [I first wrote about this (albeit with imperfect terminology, too) back in 2010, after being excoriated by an LGB(t) organization representative collecting data, who launched into a tirade saying that by declining to push a horribly-phrased survey on trans* people, I’d be “‘guilty of the murder of’ every transsexual woman who perished from HIV who might have benefited from the study.”  Yes, things have not always been amiable.]

Canadian Blood Services came into being specifically because of the scandal raised in the 1980s and 1990s resulting from screening failures of NGOs like the Red Cross during the AIDS crisis.  Its policies are directed by Health Canada.

Being fair to CBS also requires one to acknowledge a few further facts:

  1. There is a short window of time (roughly a couple of weeks in most cases, but sometimes up to a few months) in which HIV still evades detection, and
  2. Penile-anal intercourse (PAI) remains a high-risk mode of transmission.

Of these, penile-anal intercourse — the premise on which the “MSM” policy is premised — notably also occurs with some frequency among heterosexual partners, while not all gay men engage in it.  On the other hand, targeting specific communities instead of activities has created an inherent bias, and allows homophobic and transphobic organizations and figureheads to perpetuate stigma.

The number of sexual partners one has had in the previous year is also a crucial factor, which “MSM” screening on its own fails to account for.

Before forming government, the Liberal Party had petitioned to end the blood donor deferral policy altogether. When the one-year deferral policy for men was released, Health Minister Jane Philpott was quoted as saying:

“The desire is to be able to have those deferrals based on behaviour as opposed to sexual orientation.” 

This statement, of course, is the right direction.

The new practice, on the other hand, is destined to be an embarrassing anachronism.

As incremental as it may be, the policy that has been issued for (non-trans*) gay men fails, exactly because it continues to fixate on who is donating, rather than what their specific sexual history and risk factors are.  And when the attempt is made to extend that same policy to trans* people, its shaky logic disintegrates altogether.

(Crossposted to rabble.ca)

Conscience, Human Rights, and a Kentucky Clerk

KimDavisSo inevitably, a blog that’s all about religious freedom would need to comment on the ongoing troubles of Kentucky clerk Kim Davis, and her stand against issuing marriage licenses to same-sex couples.  I didn’t want to rush on that right away, because I wanted to do so thoughtfully, and dig underneath the impulsiveness and spin of both right- and left-wing media… and also add some context from the experience of a Canadian, living in a nation where marriage equality happened back in 2006 without a “Christian genocide” (I’ll discuss that sort of phrasing in a later post) occurring.

Because the “conflict between LGBT human rights and religious freedom” is actually remarkably un-complicated, when you drill down to the bottom of it.

First, the particulars.  Kim Davis is the elected (2014 — as a Democrat, ironically) clerk in Rowan County, Kentucky.  After the Obergefell v. Hodges U.S. Supreme Court ruling, she chose to defy a U.S. Federal Court order which required her to issue marriage licenses to same-sex couples.  Saying she was acting “under God’s authority,” she was jailed for contempt of court, on September 3rd and may face charges of official misconduct.

Here are some of the points that her legal team, Liberty Counsel, has made on her behalf:

“Davis only asked that the Kentucky marriage license forms be changed so her name would not appear on them. She would record any license without her name affixed. Marriage licenses remain in county records permanently. Davis said, “I never imagined a day like this would come, where I would be asked to violate a central teaching of Scripture and of Jesus Himself regarding marriage. To issue a marriage license which conflicts with God’s definition of marriage, with my name affixed to the certificate, would violate my conscience.”

“Before the U.S. Supreme Court issued its opinion in Obergefell on June 26, 2015, 57 clerks, including Davis, wrote a letter to Kentucky legislators during the regular session, pleading with them to “get a bill on the floor to help protect clerks” who had a religious objection to authorizing the licenses. The Kentucky Clerks Association also recommend that the names of clerks be removed from the forms.

“… Kim Davis does not hate homosexuals or lesbians, as she explained: “I have no animosity toward anyone and harbor no ill will. To me this has never been a gay or lesbian issue. It is about marriage and God’s Word. It is a matter of religious liberty….”

“… The Supreme Court did not change Kentucky’s marriage law or its forms, but invalidated the legislation limiting marriage to opposite sex couples…”

There are a few other points at that link establishing her God credentials, and discussing her divorces, which in my opinion have been (perhaps fairly, but overblown) touted in media as showing her own hypocrisy.  Those points are irrelevant to the specific discussion here.

Liberty Counsel’s statements are a bit dubious.

Davis not only refused to sign and provide the licenses: a major part of the contempt ruling was because her deputies were not allowed to issue the licenses, either.  (Following Davis’ jailing, 5 of 6 subsequently have started issuing licenses, but without Davis’ signature)

Additionally (this is hinted at in one of the above points, but not made clear), the licenses may not be valid without her signature.  Davis has in fact argued that they are not.  Admittedly, this isn’t clear — a judge questioned about the discrepancy only remarked that couples getting licenses in Rowan County do so at their own risk — but it’s certainly likely that Liberty Counsel or another right-wing group would attempt to contest the legality of those licenses, at some point.  Either way, Davis is in essence demanding the right to deny all licenses from her county office, altogether, which goes beyond the jurisdiction of personal conscience.

There are nuances, and this is no exception.  I’ve touched on the first two, and there are also others:

  • As mentioned above, she used her power to disallow her deputies to issue the licenses;
  • Also mentioned above, it’s not simply a question of a refusal of a signature, but also an attempted refusal of legal standing of the licenses;
  • Davis is a public employee, and responsible to all citizens of the State of Kentucky;
  • As a public employee, she is subject to the legal principle of the separation of church and state;

But a crucial point, independent of all of the above, is probably that in any dispute centering on a conflict in rights, there should be at least some effort to accommodate.  All of the above assumes that LGBT human rights cannot be accommodated at all, without automatically invalidating the rights of Christians to live their faith.

But it’s not an either/or proposition.  There is a key flaw in the way this is framed.

In Canada, the conscience debate has had some instructive resolution in the medical field (although there are occasionally attempts to resurrect it).  Many provincial Colleges of Physicians and Surgeons across the country have some form of policy that allows medical professionals to decline to participate in processes that violate their conscience, provided that a timely referral is made and the patient is able to access the medical care they need, in a timely manner.  “Timely” is somewhat relative, and the rules don’t always work well (honestly, sometimes the process fails and care is denied or unreasonable obstacles are created), but it is at least a formal acknowledgement that there is a duty to accommodate, in a way that is relatively equitable for both parties.

What is instructive is that in Kim Davis’ very public demand for her right to freedom of religious conscience, this is not even a question.  The closest it ever came to being addressed at all was when some supporters claimed it’s a reasonable accommodation to require county residents to drive to a neighbouring county to obtain their licenses.  It’s not hard to recognize that that’s actually an undue hardship.

As someone who has advocated for trans* people and know how the Colleges’ policies fail in Canada, I don’t consider theirs an ideal solution.  However, the point is that there could be some form of middle ground, even if imperfect.  The State of Kentucky could amend their laws to ensure the validity of marriage licenses without Davis’ signature (to Davis’ credit, she does appear to have asked, and was ignored by legislators), and require that at least one person in the office be present besides herself who would be willing to issue them.  But among the far right, this isn’t even a discussion.  Among the far right, the objective is simply to have the right to deny licenses altogether, with no compromise being considered.

And that speaks volumes about Davis’ and supporters’ demands for religious freedom.

In closing, here’s a hint about what Davis’ supporters (and arguably perhaps puppetmasters) really feel about things:

“[Wallbuilders’ David] Barton, predictably, responded by asserting that Davis is entirely in the right to refuse to allow her office to issue marriage licenses to gay couples because “the Founding Fathers made it real clear that the laws of God are higher than the laws of man.”

“This is a law of God. Man’s law is not allowed to contradict God’s law,” Barton said, which means there can be no justification for jailing Davis because she is upholding God’s law…”

(From my sister blog, Today In Religious Freedom)