Watching History Repeat Itself: AN UPDATE
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Howdy y’all –
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» SECCION DE COMUNIDAD
* [14.06.2009]: CIUDAD DE MEXICO: Discriminación y Diálogo ‘¿O se van a
mover entonces o cómo le vamos a hacer?’
El pasado domingo 7 de junio en Avenida Reforma, casi esquina con Ignacio
Ramírez, Rubén Durán y Gibran Gómez, una pareja de estudiantes
universitarios, conversaban abrazados al iniciar la noche en Ciudad de
México. Ellos estaban sentados en vía pública, sin meterse con nadie,
cuando “salió personal de seguridad del hotel y personal del restaurante,
de nombres Juan José y Gaspar, quienes nos dijeron que no podíamos estar
ahí. No pedían que nos retiráramos porque estábamos molestando a la gente
que estaba en el restaurante, a lo que respondimos que nosotros no
teníamos porqué retirarnos si finalmente estábamos en una banca en vía
pública,” relató Rubén…
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| CIUDAD DE MEXICO: Discriminación y Diálogo ‘¿O se van a mover entonces o cómo le vamos a hacer?’ | |||||||||||
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Ciudad de México, 14 de junio de 2009 (Texto & video: Agustin Villalpando / Enkidu Magazine; fotos: LIOWLB): Era el último fin de semana de junio de 1969 cuando agentes de la policía y de la Oficina de Control de Bebidas Alcohólicas [Alcoholic Beverage Control Board] entraron, como había ocurrido antes, a un bar gay, el Stonewall Inn, en la Calle Christopher, pues habían “violaciones en cuanto a la venta de bebidas. Al entrar, como siempre ocurría, hicieron comentarios homófobos, revisaron las identificaciones de todos y cada uno de los clientes, a quienes iban sacando del bar. Sin embargo, algo ocurrió que los parroquianos, en lugar de perderse en medio de la noche, como hasta entonces, se rebelaron. Alguien utilizó un parquímetro para asegurar la puerta y, de este modo, los agentes del orden quedaron encerrados. Estos pidieron refuerzos que dispersaron a la multitud. La noche siguiente se reunió más gente y la siguiente… La Revuelta de Stonewall, origen del Movimiento de Liberación Homosexual, hoy Gay, Lésbico, Bisexual, Trans (GLBT) inició en un bar y fue producto del enfrentamiento directo entre trabajadores sexuales, drag-queens, estudiantes, dieron voz a lo que desde entonces se conoce, al menos en inglés de Estados Unidos como el Gay Power. Esto viene a relación porque el pasado domingo 7 de junio en Avenida Reforma, casi esquina con Ignacio Ramírez, Rubén Durán y Gibran Gómez, una pareja de estudiantes universitarios, conversaban abrazados al iniciar la noche en Ciudad de México. Ellos estaban sentados en vía pública, sin meterse con nadie, cuando “salió personal de seguridad del hotel y personal del restaurante, de nombres Juan José y Gaspar, quienes nos dijeron que no podíamos estar ahí. No pedían que nos retiráramos porque estábamos molestando a la gente que estaba en el restaurante, a lo que respondimos que nosotros no teníamos porqué retirarnos si finalmente estábamos en una banca en vía pública,” relató Rubén. “En ese momento, estos personajes empezaron a intimidarnos. Nos dijeron que iban a llamar patrullas e inclusive se sentaron a un lado de nosotros para hacer como presión para irnos. Después, como no nos movimos, se pararon, se rieron, se burlaron de nosotros y nos dijeron de forma muy altanera: ‘¿O se van a mover entonces o cómo le vamos a hacer?’ Ante esta petición nos quedamos callados. Nos quedamos otra vez abrazados y vimos que llamaron a otra persona de seguridad que ya iba saliendo y en ese momento decidimos retirarnos,” concluye su relato Rubén. Un incidente de discriminación porque la presencia de los jóvenes “incomoda” a los comensales del Restaurante Argentino Evita. Dos jóvenes que, por estar abrazados, conversando, deben enfrentar el acoso de quienes no desean reconocer las muestras de afecto entre seres humanos. No obstante, los jóvenes acuden a sus amigos, se forma un contingente que decide hacer una intervención en el lugar de los hechos. Sábado 13 de junio – A eso de las 18:10 horas, una docena de jóvenes universitarios hacen acto de presencia frente al Restaurante Argentino Evita. Llevan consignas y cantan al unísono: “Evita, la Evita, porque discrimina”, “Argentino tiene tino, para discriminar”, así como el tradicional “No hay libertad política, si no hay libertad sexual”. Luego se dirigen al frente del Hotel Embassy Suites by Hilton, donde levantan la voz en los coros arriba mencionados. Luego se sientan todos. Luego se dan un beso. Para este momento ya ha llegado una patrulla de la policía (Patrulla de Policía DF A7-004). En un movimiento esperado, uno de los oficiales de la ley se acerca y pregunta qué sucede. El clima es tenso pero impera la razón y la palabra se hace escuchar. Pregunta sobre las demandas de los manifestantes y desea el nombre de un responsable: Rubén, claman los estudiantes. El oficial de la ley afirma que va a entrar al hotel y ver qué se puede hacer, al tiempo que pide a los manifestantes que se coloquen en la banqueta porque la entrada del hotel es propiedad privada.
Luego de unos minutos sale con el policía un hombre de traje obscuro, quien se identifica como Víctor Jiménez, encargado de seguridad del hotel. El escucha lo ocurrido y pide una disculpa a nombre del hotel. Sin embargo, él no está en capacidad para sancionar a nadie y solicita que el responsable (una comisión de cuatro estudiantes) se comuniquen el lunes por la mañana para que él les canalice con la persona al mando.
Los estudiantes subrayan que en México la discriminación es un crimen. Jiménez aguanta y solicita, una vez más, una disculpa. Al final él les proporciona su teléfono directo y ellos deberán llamar este 15 de junio. Los estudiantes subrayan que esperan que todo llegue a buen puerto y subrayan que debe haber no sólo clientes sino empleados del hotel que son miembros de las comunidades de la diversidad sexo-genérica. También indican que la Marcha del Orgullo es pronto así que tienen que el hotel debe dar una respuesta expedita y contundente. Al final, los estudiantes corean un Goya:
Rubén Durán (izquierda) y Gibran Gómez (derecha) ¿Un cuerpo de policía abiertamente gay-friendly? ¿Una ciudad civilizada donde la ley y las palabras imperan sobre el prejuicio? Continuaremos informando… Amig@ lector@ de Enkidu Magazine, puedes seguir algunos de los momentos más importantes de lo ocurrido filmados, en exclusiva, para tí: |
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Shirley Tan, with her 12-year-old twin sons, Jashley, left, and Joriene Mercado. Ms. Tan, a Filipino, has been unable to gain legal residence, while her partner, who is also a woman, has
Senator Patrick J. Leahy, the Democrat from Vermont who is the powerful chairman of the Judiciary Committee, is adding another controversial ingredient to the volatile mix of an immigration debate that President Obama has said he hopes to spur in Congress before the end of the year.
Mr. Leahy has offered a bill that would allow American citizens and legal immigrants to seek residency in the United States for their same-sex partners, just as spouses now petition for foreign-born husbands and wives.
The senator has said the bill should be part of any broad immigration legislation that Congress considers. To highlight his initiative, known as the Uniting American Families Act, Mr. Leahy is holding a hearing on Wednesday to discuss it in the full Judiciary Committee, bypassing the usual subcommittee hearings.
Also this week, immigrant advocacy groups and labor organizations are opening a nationwide campaign to hold President Obama to his recent pledge to initiate a Congressional debate on immigration legislation later this year.
Small-scale rallies took place on Monday in Los Angeles and some 40 other locations, and immigration groups are converging on Washington on Wednesday for three days of strategy meetings.
The Obama administration, juggling an array of huge and pressing issues on the economy and health care reform, has encouraged the mobilization of immigration advocates, especially Latino groups, while avoiding any legislative battles for now on the prickly topic of immigration. President Obama has invited a bipartisan group of lawmakers to the White House next Monday to “launch a policy conversation” about immigration, an administration official said.
The president wants to “identify areas of agreement, and areas where we still have work to do,” said the official, who would only speak on background because the final plans for the meeting were not settled.
The most contentious part of the immigration legislation that the administration supports, which is known as comprehensive immigration reform, is a program to give legal status to more than 11 million illegal immigrants living in the country. But current proposals also include a variety of measures intended, like Senator Leahy’s, to expand or streamline the legal immigration system.
Mr. Leahy’s proposal for same-sex immigration benefits was not included in the immigration legislation that the Bush administration brought forward in 2007, which failed after a firestorm of opposition, mainly from Republican voters.
Groups backing the overhaul this year have cobbled together a wide-ranging but fragile coalition that includes Latino and black groups, Roman Catholic and evangelical Christian churches, farm workers and commercial farmers, and some employer groups. In contrast to 2007, organized labor is united this time around in supporting the overhaul.
The political fault lines opened by Senator Leahy’s same-sex bill quickly became apparent this week. In a letter sent Tuesday, Bishop John C. Wester of Salt Lake City, the chairman of the Catholic bishops’ Committee on Migration, wrote that the Uniting American Families Act would “erode the institution of marriage and family,” by taking a position “that is contrary to the very nature of marriage which pre-dates the Church and the State.”
Bishop Wester addressed his letter to Representative Michael M. Honda, a California Democrat who has said he will introduce an immigration bill containing similar same-sex provisions in the House this week.
J. Kevin Appleby, the immigration policy director for the bishops’ conference, said, “The last thing the national immigration debate needs is another politically divisive issue added to the mix.”
But Senator Leahy said the bill would eliminate discrimination in immigration law against gay and lesbian couples.
Under family unification provisions in immigration law, American citizens and legal residents can petition for residency for their spouses. There is no numerical limit on permanent residence visas, known as green cards, for spouses of American citizens, and this is one of the main channels for legal immigration to the United States. Same-sex couples, though, cannot petition for partners, and many face the prospect of an immigrant partner’s deportation.
Senator Leahy’s bill would add the term “permanent partner” to sections of current immigration law that refer to married couples, and would provide a legal definition of those terms.
“I just think it’s a matter of fairness,” he said Tuesday in an interview, noting that a number of American allies, including Canada, France and Germany, recognize same-sex couples in immigration law.
The Judiciary Committee is to hear testimony on Wednesday from Shirley Tan, 43, the mother of twin 12-year-old boys who are United States citizens because they were born here. Ms. Tan has raised them with her partner of 20 years, Jay Mercado, who like Ms. Tan is from the Philippines. Although Ms. Mercado became a naturalized American citizen in 1998, she has not been able to gain legal immigration status for Ms. Tan.
Ms. Tan said she came to this country fleeing a cousin who was released from prison in the Philippines after he served 10 years for the murders of her mother and her sister. Ms. Tan said she had been severely injured in the 1979 attack by the cousin.
She applied for political asylum in the United States, she said, but did not receive notice when it was denied years later. She remained here with a provisional legal status until last Jan. 28, when federal immigration agents carrying a deportation order came to the home she shares with Ms. Mercado, 48, in Pacifica, Calif.
Since her arrest, Ms. Tan has been able to remain legally in the country because of a private bill introduced on her behalf by Senator Dianne Feinstein, Democrat of California.
Ms. Tan said she feared returning to live in the Philippines, in part because of concern that she and Ms. Mercado would face anti-gay discrimination there.
“People are cruel,” she said. “I don’t know if I can expose my boys to narrow-minded people.”
Opponents of the Leahy bill argue that it would foster immigration fraud because it would be difficult for immigration officers to determine whether same-sex couples had an established relationship.
Supporters said the bill would assist about 36,000 same-sex couples nationwide. Rachel B. Tiven, the executive director of Immigration Equality, a group that advocates for gay rights legislation, said the bill had improved chances this year because of recent same-sex marriage victories in Iowa, Maine and Vermont.
By MAIRYS JOAQUIN
McClatchy Newspapers - Kansas City.com
Bright neon lights twinkle from bars and clubs on the otherwise dimly lit streets of the Mexican capital’s trendy Zona Rosa district. Same-sex couples embrace lovingly in public or hold hands without drawing so much as a raised eyebrow.
Only one word describes this place, 21-year-old Antonio Flores said: freedom.
“It’s really hard to be gay in the smaller, more conservative states within Mexico,” said Flores, an aspiring actor and model. “I moved to Zona Rosa not just for my career but also for a chance to finally try and be accepted within my community.”
For Flores and countless other gay people, the Zona Rosa’s urban, chic appeal - complete with fashionable restaurants, gay bars and swank boutiques - has become a haven in a country and a culture that long have rejected homosexuality and shunned homosexuals.
Gay activists say that even though laws are improving in relatively more liberal places such as Mexico City - where legislators passed a law two years ago recognizing same-sex marriages - many are still reluctant to acknowledge their sexual orientation publicly.
“Homophobia is engrained in all different parts of our culture,” said Manuel Herrera, a lesbian-gay-bisexual-transgender activist leader within Amnesty International.
Thus Mexico City’s Zona Rosa district has become for many what New York’s Greenwich Village was in the 1950s: a destination for gays attempting to escape parts of Mexico where anti-gay violence and discrimination are still common.
Flores came to the Zona Rosa three months ago from Hidalgo, a small state on Mexico’s east coast where he’d endured years of abuse in his native town, he said.
“For many years, I was afraid to come out of the closet, because this lifestyle is not condoned or accepted by any means,” he said.
Yet, Flores said, even in the Zona Rosa, things are far from perfect. Many still choose the “closeted gay life” and are “playing it both ways.”
“Right now, being gay is the hip thing to do, so a lot of people just dabble and try things out,” he said. “But when it comes down to being honest with themselves about their feelings or preferences, they take the easy route and claim to be straight.”
Herrera said that machismo and discrimination against homosexuals were difficult to escape in Mexican culture, even in areas such as La Zona.
“Yes, the laws have improved for Mexico City, but that doesn’t change people’s attitudes or dissolve the predominance of machismo within our culture,” Herrera said.
In November 2006, Mexico City legislators approved La Ley de Sociedad de Conveniencia, a law that recognized same-sex marriages within the federal district. In the United States, five states now recognize same-sex marriages: Connecticut, Iowa, Maine, Massachusetts and New Hampshire. It will become legal in Vermont on Sept. 1.
Despite the new law in Mexico City, however, many gays are still reluctant to acknowledge their homosexuality, and as a result, a subculture of “closeted gays” persists.
Daniel Lund of The Mund Group, a public-opinion polling firm, calls Mexico City an exception, “a bastion of social liberalism” in a society where the Roman Catholic Church still shapes views on social issues.
“You have a very secular modern society in Mexico City,” Lund said. “Full of Roman Catholics with fairly moderate ideas.”
Jonathan Perreda, a 20-year-old computer-software specialist, said that he’d been a devout Catholic his entire life. The church, he said, generally disapproves of homosexuality, but he said he’d been accepted because he’d maintained his gender identity.
“Just because I’m gay does not mean I have to act like woman,” Perreda said. “You were born a man, so you should act like one.”
Herrera said that machismo remained prevalent in Mexico, even within the gay community. He said there was a difference between being classified as “gay” and being “homosexual.”
“Being homosexual is just having the preference to be with the same sex,” he said, “but to be gay is to be involved in it politically, which most people don’t want to do.”
But, Herrera added, because of the stigmas attached to both, many avoid labels altogether. This causes concern about the spread of sexually transmitted diseases.
“They don’t consider themselves gay, but will have relations with the same sex one night and go back and have relations with someone of the opposite sex the next night,” Herrera said. “Many times, these individuals are not being safe, and they aid in the spread (of) HIV and AIDS.”
According to a study by The American Foundation for AIDS Research released last year at a global AIDS conference in Mexico City, gay and bisexual men in Latin America are 33 percent more likely to be infected with HIV than the general population is. In Mexico, 26 percent of men who’d had sex with men had HIV, the highest rate in Latin America.
Herrera said the root of closeted homosexuality in Mexico was the ideological dichotomy in the country.
“The truth is, despite advancements, homosexuals in Mexico are not yet free,” he said. “Those who maintain themselves in the same safe circle of friends may feel free, but the moment they begin to branch out, they’d begin to see the discrimination that still exists … even in Mexico City. … Not everyone wants to deal with that.”
(Joaquin is a student at Penn State University. This story was reported from Mexico City for a class in international journalism.)
CALIFORNIA, United States—A gay Filipino was granted political asylum in an historic US case.
Because Philip Belarmino, 43, was subjected to rapes and repeated sexual harassments as a boy and because Philippine police are “known to be corrupt” and the Philippine government is “unable to curtail their corruption,” a San Francisco immigration judge ruled on May 21, 2009 that Belarmino was entitled to political asylum in the US.
Belarmino, an English professor in the Philippines who entered the US on a visitor’s visa in 2005, had been placed in deportation proceedings for overstaying his visa. Through his immigration attorney, Ted Laguatan, he subsequently applied for political asylum by claiming that he would be subjected to persecution in the Philippines because of his sexual orientation.
At his individual merits hearing, Belarmino recounted that when he was as young as nine years old, he had been forced to engage in oral and anal sex by older bullies. He recalled that at age 16, he was repeatedly raped by a houseboy who threatened him with a knife. He said that he did not report the rapes to the police for fear that they vwould only extort money from him or even use him for “their sexual pleasures.”
Immigration Judge Loreto Geisse found Belarmino’s testimony to be credible and determined that he would suffer persecution on the basis of his “membership in a particular social group” which was being a homosexual in the Philippines and granted him asylum.
Just eight years before Belarmino’s case, a gay Mexican (Boer-Sedano), who similarly applied for political asylum, claimed at his San Francisco Immigration Court hearing on November 15, 2001 that he would suffer persecution in Mexico because of his gender. He testified that he was repeatedly raped by a “high ranking police officer” who pointed a gun to his head and told him that if he killed him, he was certain that would not be charged with murder but congratulated for “cleaning up society.”
On November 20, 2001, the immigration judge (IJ) denied Boer-Sedano’s application for asylum ruling that he had failed to establish past persecution “on account of a protected basis” and that he had failed to seek protection from the authorities. The IJ concluded that the sex acts that Boer-Sedano was forced to perform by the police officer were simply “a personal problem” he had with this officer.
The IJ further concluded that Boer-Sedano had not established a well-founded fear of persecution because “he was not subject to systematic persecution which prevented him from living his chosen life style” and because there was no evidence of systematic official persecution of homosexuals in Mexico.
Boer-Sedano appealed the IJ’s decision to the Board of Immigration Appeals (BIA), which subsequently affirmed the IJ’s ruling without opinion. He then appealed the BIA decision to the Ninth Circuit Court of Appeals.
To qualify for asylum, an alien applicant must show that he was a refugee or one “who is unable or unwilling to return to his native country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.”
The IJ had rejected Boer-Sedano’s argument that he was persecuted on account of his membership in the particular social group of male homosexuals in Mexico because she found that this did not constitute a particular social group for asylum purposes.
On August 12, 2005, the Ninth Circuit ruled that the IJ and the BIA erred because “alien homosexuals” constitute a particular social group. “Whether particular acts constitute persecution for asylum purposes is a legal question…We have held that sexual assault, including forced oral sex, may constitute persecution… Therefore, there can be no doubt that the nine sex acts that Boer-Sedano was forced to perform rise to the level of persecution.”
The Ninth Circuit further determined that Boer-Sedano’s failure to seek help from officials was understandable given the status of the officer who was victimizing him and the fear he had as a gay man living in a country where homosexuality, while not a crime, is socially unacceptable.
The difference in the immigration judges’ contrasting decision in the cases of Belarmino and Boer-Sedano also show that applying for political asylum is like playing Russian roulette—land the right judge and you win, land the wrong judge and you lose.
In the summer of 2001, two Egyptian male lovers came to the US for a vacation. After they overstayed their visas, they were placed in removal (deportation) proceedings. Because they did not apply within one year of their arrival, they could not apply for political asylum but they could apply for “withholding of removal,” which is a form of relief similar to asylum.
Married couples can usually appear before the same judge but because the Egyptians were not married to each other, they were assigned to different judges. The one assigned to an IJ who denied more than 90 percent of the asylum claims before him denied his withholding of removal application and ordered him deported back to Egypt. The other one who was assigned to a more liberal judge was granted his relief and subsequently received a green card.
Both had filed similar claims alleging past harassment, beatings, hospitalization, and lack of police response but received opposite results. Even though Boer-Sedano had a stronger argument for asylum in 2001 than Belarmino did in 2009, the immigration judges who heard their cases differed in their rulings.
Commenting on the historic significance of the Belarmino ruling, lawyer Ted Laguatan stated: “This decision by Judge Geisse gives a strong message to the world that gay people should not be persecuted for being gay. Persecuting gay people is no different from persecuting people simply because they are of a different color or nationality. This decision provides encouragement and hope to gay communities in their struggle to end discrimination and harassment against them.”
Send comments to Rodel50@aol.com or mail them to the Law Offices of Rodel Rodis at 2429 Ocean Avenue, San Francisco, CA 94127. For past columns, log on to Rodel50.blogspot.com.