QBits
Mexican Supreme Court Rules Homophobic Language Is Not Protected By Freedom Of Expression

The First Chamber of the Mexican Supreme Court of Justice ruled Wednesday that homophobic epithets are not protected under the nation’s “freedom of expression” laws. The case dealt with two rival journalists who publicly criticized each other’s work using such words as “maricones” (“faggots”) and “puñal” (“faggot rapist/predator”). According to a press release from the Court (translated by Andrés Duque), such language is discriminatory even if it is used jokingly:

The First Chamber determined that homophobic expressions or — in other words the frequent allegations that homosexuality is not a valid option but an inferior condition — constitute discriminatory statements even if they are expressed jokingly, since they can be used to encourage, promote and justify intolerance against gays.

For this reason, the Chamber determined that the terms used in this specific case — made up of the words “maricones” and “puñal” — were offensive. These are expressions which are certainly deeply rooted in the language of Mexican society but the truth is that the practices of a majority of participants of a society cannot trump violations of basic rights.

In addition, the First Chamber determined that these expressions were irrelevant since their usage was not needed in resolving the dispute taking place as related to the mutual criticism between two journalists from Puebla. Therefore it was determined that the expressions “maricones” and “puñal”, just as they were used in this specific case, were not protected by the Constitution.

The Supreme Court of Canada similarly ruled last month that anti-gay rhetoric is a violation of the country’s hate speech laws.

These landmark rulings by the America’s North American neighbors come as the United States Supreme Court prepares to hear two cases related to same-sex marriage.

Supreme Court upholds Canada’s hate speech laws in case involving anti-gay crusader

Joseph Brean | Feb 27, 2013 10:42 AM ET | Last Updated: Feb 27, 2013 12:54 PM ET

A passerby, right, pauses as William Whatcott (facing at left) protests homosexuality and abortion in 2009.
Ted Jacob/Postmedia NewsA passerby, right, pauses as William Whatcott (facing at left) protests homosexuality and abortion in 2009.

Canada’s human rights hate speech laws are a constitutionally valid limit on freedom of expression, the Supreme Court has unanimously ruled in a landmark judgment.

The judgment in the case of William Whatcott of Saskatchewan reaffirms the Canadian approach to hate speech, that it can be limited by law to address the problem of hate speech, unlike the American approach, in which speech cannot be limited except in the most extreme circumstances.

In upholding a definition of hatred first crafted by the Supreme Court in 1991, the current justices ruled that the hate speech section of Saskatchewan’s Human Rights Code addresses a pressing and substantial issue, and is proportional to its objective of “tackling causes of discriminatory activity to reduce the harmful effects and social costs of discrimination.”

The court struck out some strange language in the law, which bans speech that “ridicules, belittles or otherwise affronts the dignity of” identifiable groups — language that the Saskatchewan Human Rights Commission said was already ignored in practice.

But it upheld the controversial legal concept of speech that is “likely to expose” certain groups to hatred.

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Gay, Chinese Campbell Vice Mayor Verbally Assaulted

Campbell police have identified a possible suspect but not arrested anyone

By Jenn Elias and Lisa Fernandez
|  Monday, Oct 15, 2012  |  Updated 7:23 PM PDT
Gay, Chinese Campbell Vice Mayor Verbally Assaulted

Evan Low

At 26, Evan Low became mayor of Campbell, making him the country’s youngest, openly-gay Asian-American elected to public office.

Campbell’s openly gay, Asian-American vice mayor said on Monday he was verbally assaulted by a woman this weekend on his way to a community festival for his race and for his sexual orientation.

Evan Low told NBC Bay Area that a woman came up to him on Saturday about 3 p.m. as he was heading toward the annual Oktoberfest festivities on Campbell Avenue.

“She pointed her finger at me in the shape of a gun and said, “Bang (expletive), die. Go back to China, you will die,” Low said. The expletive was a derogatory word for a gay man.

Low said the loud hatred lasted five minutes.

“I thought it was a joke because it was so random that this woman was screaming at the top of her lungs,” Low said in a phone interview. “It was so strange and out of the blue, but after a while I came to find out it was not a joke.”

Campbell Police Capt. Dave Carmichael said police have identified a suspect, but no one has been arrested. It’s a misdemeanor to use words in public to provoke violence.

“It’s unfortunate that people would choose to behave in that way,” Carmichael said.
 
Low is especially keen on hate crime issues, and it pains him that people still act this way. Low has been profiled by several media outlets about his youth - he became mayor at age 26, and because he was also Campbell’s first Chinese-American, openly gay mayor. During the day, he works for state Assemblyman Paul Fong.

He has worked hard to educate people about hate crimes and to combat this type of prejudice. Still, these types of verbal attacks do take place, even in the liberal Bay Area.

“We need to acknowledge that this happens and we all need to have respect for humanity,” Low said.

Still, this unpleasant incident did have a silver lining. Lots of people stood by Low when they saw what happened.
 
“Without even knowing I was mayor, several bystanders came to my defense, jeering back at her, telling her to stop and one person even spit on her car,” Low said.

Canadians stop Lebanese pop star from singing anti-gay song
The Lebanese Canadian LGBT community have been assured that a visiting homophobic pop star will not perform a song which mocks LGBT Lebanese people’s struggle for acceptance
Mohamed Eskandar

A group of Lebanese Canadian LGBT activists have successfully campaigned to stop a visiting Lebanese pop star from singing his homophobic hit song during performances in Montreal.

Mohamad Eskandar released the song Ded El Enf, mocking the Lebanese LGBT community’s attempts to find acceptance in the country, earlier this year.

Lyrics include, ‘Without jealousy and real masculinity, women are in trouble. Ever since the military service stopped, half of men became plagued by the disease of femininity.’

‘If my dad and yours weren’t macho, we would not have existed and humans would have become extinct.

‘Don’t be tender with your boy and don’t treat him like a flower. When he makes a mistake, firmness is a must. Let him become strong, violent and macho, otherwise he will only be a 50-per-cent man.’

LGBT rights group Helem Montreal say the song advocates violence against LGBT people.

‘Ded El Enf … translates to “Against Violence,” a slogan commonly used by the [Lebanese] LGBT community [to advocate] against discrimination. The title was purposely used to ridicule the LGBT cause and advocacy efforts,’ Helem Montreal said in a statement.

‘[It] also encourages the physical abuse of boys displaying any femininity. The video clip is extremely repulsive and depicts every possible gay stereotype. It portrays men having sex in washrooms, and boys wearing high heels and playing with dolls.’

Helem Montreal contacted both venues where Eskandar is due to perform in early September and both have made assurances that he will not perform Ded El Enf or another song the group has issues with.

The video clip for Ded El Enf has since been removed from YouTube.

Police in Michigan fail to take action against gay hate protest group
by
10 August 2012, 5:37pm
 

Police in Grand Rapids, Michigan, have said they would not be charging a group of Bible-preaching protesters who threatened to rape a woman at a gay event because no one came forward with a “specific complaint”.

The protesters - allegedly a Christian black supremacist group called the Black Hebrew Israelites  – were filmed shouting at a woman celebrating at Grand Rapids’ inaugural Gay Day celebration.

The event was organised by the human rights group Tolerance, Equality and Awareness Movement (TEAM) to showcase the city’s diversity.

In the protest, which was filmed and posted on YouTube, one protester was heard to say: “Back in the day there was no free power, there was no going to the mall. There was, ‘sit your ass in this house until I bring my ass home.”

Another added: “And if your ass get to going out there like you said, guess what? You get raped. And that’s what’s going to happen to you … do you understand?”

After one man claimed “the Lord said that”, the woman challenged him to find the corresponding Bible verse. He responded with “Isaiah 13: ‘Their children also shall be dashed to pieces before their eyes; their houses shall be spoiled, and their wives ravished.’ What does ‘ravished’ mean? It means we going to rape your ass. And I’m going to have fun doing that. And you going to like that. I promise you.”

Lieutenant Mark Ostapowicz said: “The Gay Day celebration group was upset that [this] Bible group was able to protest, but in their protest they weren’t doing anything wrong, according to the [responding police officer’s] report.

“When the officers got there they were not threatening each other. As long as they’re not breaking any of the protest rules, there’s nothing we can do. As of right now, we just have two groups in disagreement with each other. Nothing happened that led the officers to do more.”

In response, TEAM said on their website: “It is our position that these actions should not be tolerated in this community, and that the perpetrators of such actions be brought to justice. Hate speech that incites violence, rape and other criminal actions is not constitutionally protected.

“It is our hope that the Grand Rapids Police Department will formally charge these men for these atrocious and unwelcome actions in our community.”

WWMT News reported that the protest group were a rapidly spreading movement preaching “a frightening, racist theology that says Jesus Christ is returning soon to kill or enslave white people, Jews, homosexuals, and others.”

The video, which contains violent and offensive language and is NSFW can be viewed here

Federal appeals court: Hate Crimes Act does not prohibit anti-gay speech

CINCINNATI, Ohio — A federal appeals court on Thursday rejected a lawsuit brought by three Michigan pastors challenging the constitutionality of the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act.

The United States Court of Appeals for the Sixth Circuit ruled the Act — which imposes harsher punishments for individuals who commit violent acts on individuals due to their sexual orientation — was constitutional, and did suppress anti-gay speech.

The suit was first filed in February 2010 by the conservative Thomas More Law Center, four months after President Barack Obama signed the legislation into law in October 2009.

Plaintiffs Gary Glenn, head of the American Family Association of Michigan, and pastors Levon Yuille, René B. Ouellette and James Combs had argued the law would lead to their criminal prosecution for expressing anti-gay religious beliefs, in violation of the First Amendment.

In the filing, the plaintiffs cited bible passages and quoted from novelist George Orwell’s “Animal Farm,” claiming the Shepard-Byrd Act treated certain individuals “more equal than others,” and said that the intent of the act was to “eradicate religious beliefs opposing the homosexual agenda.”

In their ruling today, the Court said that the plaintiffs had “not alleged any actual intent” to cause bodily injury to any gay individuals, and pointed out that the pastors explicitly denounced “crimes of violence perpetrated against innocent individuals.”

The Hate Crimes Act, the appeals court ruled, “does not prohibit Plaintiffs’ proposed course of speech” and said they “can’t quite pinpoint what it is they want to say that could subject them to prosecution under the Hate Crimes Act.”

The court acknowledged that should the plaintiffs, all pastors, quote the biblical passage Leviticus 20:13, which calls for men who have sex with one another to be put to death, “they have not alleged any intention to do more than merely quote it,” which is not unlawful under the provisions of the Shepard-Bryd Act.

“If the Hate Crimes Act prohibits only willfully causing bodily injury and Plaintiffs are not planning to willfully injure anybody, then what is their complaint? Plaintiffs answer that they fear wrongful prosecution and conviction under the Act. Not only is that fear misplaced, it’s inadequate to generate a case or controversy the federal courts can hear,” the appeals court ruled.

Glenn did not respond to a request from LGBTQ Nation for comment on today’s ruling.

Poland rejects civil partnerships but will get hate speech laws
A Polish parliamentary committee has rejected a proposed civil partnerships bill but lawmakers will consider adding sexuality to the country’s hate speech laws as soon as next month

Polish lawmakers have rejected a civil partnerships bill on the 43rd anniversary of the Stonewall Riots.

However the largest party in its governing coalition has announced it will seek to include sexuality in the country’s hate speech laws as soon as next month.

The civil partnerships bill would have given legal recognition to both same-sex couples and unmarried cohabiting heterosexual couples in Poland for the first time but the Legislative Commission of the Polish Lower House of Parliament blocked the bill on June 28, preventing it from even being considered by lawmakers.

Supporters of the bill say that only the Lower House’s speaker, Ewa Kopacz, has the power to bring the bill back and have started a Facebook campaign in support of the bill but she has been a vocal critic of LGBT rights in the past.

But it may not be all bad news for the LGBT community in Poland as the centre-right Civic Platform party has announced it intends to introduce amendments to the country’s hate speech legislation in July.

The proposed law would add incitement to hatred on the grounds of sexuality and disability to the law which already covers nationality, race and religion.

A Civic Platform spokesman said the party was looking to cover all ‘natural personal characteristics.’

‘Natural personal characteristics include gender, state of health, sexual orientation and disabilities,’ he said.

Man who put up ‘gay free zone’ posters in London sentenced over al-Qaida material
by
11 May 2012, 6:13pm
 

Mohammed Hasnath, the man fined for putting up stickers in east London declaring it a ‘gay free zone’ has been jailed for possessing material from terrorist group al-Qaida.

Hasnath had copies of the group’s ‘Inspire’ magazine on a memory stick, PA reports, and was sentenced to 14 months’ imprisonment under the Terrorism Act.

He was also given a one-month custodial term, to run concurrently, for painting burkhas over images of women in deodorant adverts.

In 2011, Hasnath and a friend had been spotted painting over a scantily clad Kelly Brook on a Lynx hoarding.

Hasnath, 19, of Leamouth, Tower Hamlets, pleaded guilty last year to a public order offence and was fined £100 plus £85 costs and a £15 victim surcharge after he put up posters around the area declaring it a ‘gay free zone’.

When told the allegation against him of a public order offence of using threatening or abusive words or behaviour between 11-14 February, Hasnath reportedly said: “But I just put up stickers, I didn’t harass or swear at anybody or anything.”

PA reports prosecutor Alexander Chalk saying a fellow inmate of Hasnath’s at Belmarsh prison had been overheard telling him to “stay squeaky clean” when he left the prison so he could “carry on our work”. The judge was reportedly unable to predict Hasnath’s intentions after his release.

Having already spent 206 days in custody pending today’s ruling, Hasnath is expected to be released next week.

Phoenix LGBT flash mob silences bigoted preachers with “Born This Way” (by MrVidCam)

t/w for homophobia and hate speech. Flash mob starts at about the 6 min mark.

Q.

At Phoenix Pride 2012, a group of bigoted preachers who attend LGBT pride celebrations in many states, heckled folks leaving the pride parade. One hurled particularly vile, un-Christian insults at the crowd, causing emotions to run high. Then a flash mob, led by Queen B, demonstrated what true Christian love was about by performing “Born This Way” to the cheers of the crowd - and silencing the hate speech of the preachers.

Reporting and podcast by Mike Skiff for Third Rail Media

#tomyunbornchild (by Cavatica)

This is a nice example of changing the conversation, shining a bright light on bigotry and exposing it for the vile it is.

t/w for hate speech and homophobia.

Q.

In early March, the hashtag “#tomyunbornchild” became a worldwide trend on Twitter. By and large, these tweets were loving, hopeful messages to the next generation — but many people saw it as an opportunity to express hate speech towards LGBT children: http://storify.com/homophobes/100-homophobes-who-would-kill-their-gay-child

Reading their bile, the only thing I could think was: how would we feel if we heard actual parents saying this to actual children?

I got the idea on a Thursday. By Sunday, we — me, my boyfriend, and whatever friends we could find to help us — had it filmed.

It’s easy to dehumanize hate speech online because we’ve gotten so used to seeing it. We tell ourselves that it’s the product of trolls, of random, anonymous strangers.

Except they’re not. They’re real people. Many of them will be parents. And some of their children will be gay.

But what can we DO about it? I don’t think there are any easy answers.

Whenever you believe life begins, I hope we can all agree: life is essential, and rare, and precious. We can’t stop anyone from having kids. But we can resolve to stop this toxic cycle. We can wish better for our own children. And we can support the kids who weren’t so lucky.

Group in Liberia ‘issues hit list’ against gays

Well this is disgusting.

Q.

by
3 April 2012, 3:28pm
 

A group in Liberia is reportedly threatening seven men it has publicly named as part of an anti-gay campaign.

The group, calling itself the Movement Against Gays in Liberia, put up the lists over the weekend, AP reports.

The list reportedly names two men who tried to legalise gay marriages in the west African state as part of a number who would be targeted in turn.

The fliers read: “Having conducted a comprehensive investigation, we are convinced that the below listed individuals are gays or supporters of the club who don’t mean well for our country.

“Therefore, we have agreed to go after them using all means in life.”

The flier advised the men to “begin saying their Lord’s prayers” and a member of the Movement confirmed to AP they would be prepared to kill the men.

According to a 2008 ILGA report, gay sex acts are currently classified as first degree misdemeanors in Liberia, punishable by up to a year in prison.

The Liberian senate was presented with bills this year which would strengthen the country’s laws criminalising homosexuality.

A representative for Senator Jewel Howard-Taylor confirmed in emails received by PinkNews.co.uk that making gay sex acts a first degree felony, as suggested by one bill, would mean they attracted imprisonment from one year to life. It also provides for the death penalty on a judge’s discretion in “extreme cases”.

President Ellen Johnson Sirleaf, a Nobel Peace Prize winner, said she would not sign the bill strengthening the anti-gay laws, but would similarly not sign a bill repealing them.

Last month, during an interview alongside the Liberian president, former UK prime minister Tony Blair dodged questions over proposals to strengthen the anti-gay laws.

In that interview, President Sirleaf said: “We’ve got certain traditional values in our society that we would like to preserve. We’re going to keep to our traditional values.”

Serbia: Far-right leader jailed for homophobic death-threats
by
27 March 2012, 10:25pm
 

A far-right Serbian leader, whose death-threats against homosexuals led to the cancellation of gay pride march in Belgrade three years ago, has been convicted and sentenced to 10 months in prison. 

Belgrade’s district court ruled that the leader of the extremist group, Obraz (‘Honour’), Mladen Obradovic, incited discrimination against gay men and women with graffiti that read: “Death to gays” and “Blood will flow, there will be no gay parade.”

However, according to Lazar Pavlovic, leader of a Serbian gay-rights group, said that the sentence did not go far enough, and that the prison sentence should be extended to three years. “We expect that the prosecution will lodge an appeal and we will continue to follow this case,” he said.

The Associated Press reports that Obradovic has already been sentenced in a separate case to two years in prison for inciting violence during a gay pride march in 2010, which left dozens of people injured. But, having appealed his conviction, he remains a free man.

Serbia seeks to join the European Union, and as a condition of membership, has pledged to protect gay rights. The threat of the far-right, however, looms large on the Balkan state. As Serbia’s constitutional court deliberates on whether to ban Obraz, Obradavic said, on leaving the courtroom today, that his group will continue to operate illegally, even if proscribed.

Man jailed for homophobic outburst at cabin crew

A NEWTON man has been jailed after he hurled a torrent of abuse at cabin crew and fellow passengers on a packed holiday plane.

John Hawkins, who was with his children on the Thomas Cook flight, flew into an abusive rage while his young daughter sobbed.

The 32-year-old lost his temper when a man in a nearby seat on the flight from Tenerife, told him to mind his language.

He became aggressive, and shouted insults - directing gay jibes at male cabin crew.

He eventually had to be restrained. The pilot felt he had no alternative but to return to Tenerife, at a cost of £12,500 to the airline.

Jailing him for eight months, Judge Jonathan Geake told him: “Your behaviour was grotesque, and completely outrageous.

“Your treatment of fellow passengers and the way you hurled offensive homophobic comments at cabin crew, and generally ranted, was inexcusable.”

Manchester’s Minshull Street Crown Court was told that Hawkins, of Maple Avenue, Newton le Willows, was involved in a row with another passenger who objected to his bad language in front of youngsters on the plane, and he was asked to calm down.

He was heard to say: “I don’t give a **** about children, I’ve got children of my own.”

David Lees, prosecuting, said he continued to be abusive and cabin crew were called to deal with him. Hawkins refused to calm down.

Mr Lees said the captain of the aircraft felt it was necessary to turn the plane around.

Robert Haygarth defending, said his client, who had pleaded guilty to an offence of endangering an aircraft, had suffered medical problems following an accident leading to pain and reduced mobility.

He said: “While his pain is not an excuse, it has probably lowered his threshold of tolerance and patience.”

The court was told that Hawkins had been in trouble with the law before.

Judge Geake told him: “Your medical problems have not stopped you committing criminal offences.”

Police arrest anti-gay activist for his own safety

Whatcott was fined $17,500  by the Saskatchewan Human Rights Tribunal for distributing hate speech in 2005. The appeals court of SK overturned the decision in 2010 and the case is now pending before the Supreme Court of Canada. But that is obviously not slowing him down.

Q.

 
Whatcott goes door to door with graphic brochures

 
By Stephane Massinon, Calgary Herald March 7, 2012
 
 
A longtime anti-gay crusader is at it again, distributing hundreds of graphic flyers over the weekend, this time in northwest Calgary.

Bill Whatcott, who once ran for mayor of Edmonton and has argued in the Supreme Court of Canada for his right to distribute his flyers, said he has printed 5,000 flyers and is dropping them off at Calgary and Edmonton homes.

He said he started giving them out around the University of Calgary on Sunday and in other neighbourhoods before he was briefly detained on Monday and released without charges.

The flyer includes graphic photos of sexually transmitted infections and makes anti-homosexual statements. Its purported intent is to criticize changes to the provincial Education Act that some proponents of home-schooling fear could limit what they teach their children about homosexuality.

Greg, who asked that his last name not be used, was surprised to find the flyer in his Briar Hill townhome mailbox and reported it to police.

“It’s pretty shocking. Like I told the police last night, I’m open to people’s opinions. I’m open to people saying I don’t agree with this, but I think this is excessive and goes beyond that,” Greg said Tuesday.

Whatcott said he intends to hand out all 5,000 of his flyers.

“I stand by what I did and don’t think the police should be shutting me up,” Whatcott said from Edmonton.

He was detained and told by police the arrest was preventive because there was a high likelihood of him being assaulted for passing out the flyers. He was released without charges and given an unrelated fine.

Calgary police Const. Brian Denison, who investigates hate crimes, said the material was “very graphic.”

It was presented to the Crown, but was deemed not to be hate speech because it does not promote hatred or violence.

“It’s a fine line between freedom of speech and when they cross that line,” Denison said.

Whatcott is well known to police and Denison said police want to hear from anyone who gets a flyer.

“It is offensive and it’s offensive to many people, not just within the GLBT community, but elsewhere. We have received calls on it and we’re going to continue to deal with him on a case-by-case basis,” Denison said.

The Alberta Human Rights Commission said it could not confirm if any complaints had been made about the flyers.

The Ad MSNBC Won’t Let You See (by FaithfulAmerica)

Why does MSNBC continue to provide a platform for this cretin to spew his vespid vile?

Q.

MSNBC rejected this ad asking them to explain why they’ve invited Tony Perkins, a hate group leader who lies about LGBT people, onto their network 23 times in the past 16 months, more than any other network.

It’s a question 20,000 people of faith have demanded an answer to, but MSNBC has refused to answer and continues to give Perkins a national platform.

Learn more at http://www.faithfulamerica.org/