October 21, 2010 (a Thursday)

Human Rights Building in Strasbourg, France.

On this date, in the case of Nikolai Alexeev v. Russia, the European Court of Human Rights in Strasbourg, France ruled that Russia violated the European Convention on Human Rights with the banning of the 2006, 2007, and 2008 Moscow Gay Pride Marches. The beginning of the Court’s opinion recounted the facts of the historic case (numbers refer to specific paragraphs in the Court’s opinion):

6. In 2006 the applicant, together with other individuals, organized a march to draw public attention to discrimination against the gay and lesbian minority in Russia, to promote respect for human rights and freedoms and to call for tolerance on the part of the Russian authorities and the public at large towards this minority. The march was entitled “Pride March” that year, and “Gay Pride” in subsequent years, to replicate similar events held by homosexual communities in big cities worldwide. The date chosen for the march, 27 May 2006, was also meant to celebrate the anniversary of the abolition of criminal liability in Russia for homosexual acts.

7. On 16 February 2006 the Interfax news agency published a statement by Mr Tsoy, the press secretary of the mayor of Moscow, to the effect that “the government of Moscow [would] not even consider allowing the gay parade to be held”. Interfax further quoted Mr Tsoy as saying: “The mayor of Moscow, Mr Luzhkov, has firmly declared: the government of the capital city will not allow a gay parade to be held in any form, whether openly or disguised [as a human rights demonstration], and any attempt to hold any unauthorized action will be severely repressed”.

8. On 22 February 2006 Interfax quoted the mayor of Moscow as having said, on a different occasion, that if he received a request to hold a gay parade in Moscow he would impose a ban on it because he did not want “to stir up society, which is ill-disposed to such occurrences of life” and continuing that he himself considered homosexuality “unnatural”, though he “tried to treat everything that happens in human society with tolerance”.

(. . .)

11. On 15 May 2006 the organizers submitted a notice to the mayor of Moscow stating the date, time and route of the intended march. It was to take place between 3 p.m. and 5 p.m. on 27 May 2006, with an estimated number of about 2,000 participants, who would march from the Moscow Post Office along Myasnitskaya Street to Lubyanskaya Square. The organizers undertook to cooperate with the law-enforcement authorities in ensuring safety and respect for public order by the participants and to comply with regulations on restriction of noise levels when using loudspeakers and sound equipment.

12. On 18 May 2006 the Department for Liaison with Security Authorities of the Moscow Government informed the applicant of the mayor’s decision to refuse permission to hold the march on grounds of public order, for the prevention of riots and the protection of health, morals and the rights and freedoms of others. It stated, in particular, that numerous petitions had been brought against the march by representatives of legislative and executive State bodies, religious denominations, Cossack elders and other individuals; the march was therefore likely to cause a negative reaction and protests against the participants, which could turn into civil disorder and mass riots.

(. . .)

16. On 26 May 2006 Interfax quoted the mayor of Moscow as saying in an interview to the radio station Russian Radio that no gay parade would be allowed in Moscow under any circumstances, “as long as he was the city mayor”. He stated that all three “major” religious faiths – “the Church, the Mosque and the Synagogue” – were against it and that it was absolutely unacceptable in Moscow and in Russia, unlike “in some Western country more progressive in that sphere”. He went on to say: “That’s the way morals work. If somebody deviates from the normal principles [in accordance with which] sexual and gender life is organized, this should not be demonstrated in public and anyone potentially unstable should not be invited.” He stated that 99.9% of the population of Moscow supported the ban.

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Moscow police dispersed a gay pride rally on 16 May 2009 that was banned by city authorities, drawing attention to Russia’s record on gay rights as it prepared to host a major international pop music competition:

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And so on and so forth. The fact that the Moscow authorities were homophobic was firmly established in the Court’s ruling. In reaching its decision, the Court relied on extracts from Recommendation CM/Rec(2010)5 of the Committee of Ministers of the Council of Europe to member States on measures to combat discrimination on grounds of sexual orientation or gender identity, including:

Member states should take appropriate measures to ensure, in accordance with Article 10 of the Convention, that the right to freedom of expression can be effectively enjoyed, without discrimination on grounds of sexual orientation or gender identity, including with respect to the freedom to receive and impart information on subjects dealing with sexual orientation or gender identity.

In a stinging rebuke to former Moscow Mayor Yuri Luzhkov, the Court stated:

86. The mayor of Moscow, whose statements were essentially reiterated in the Government’s observations, considered it necessary to confine every mention of homosexuality to the private sphere and to force gay men and lesbians out of the public eye, implying that homosexuality was a result of a conscious, and antisocial, choice. However, they were unable to provide justification for such exclusion. There is no scientific evidence or sociological data at the Court’s disposal suggesting that the mere mention of homosexuality, or open public debate about sexual minorities’ social status, would adversely affect children or “vulnerable adults”. On the contrary, it is only through fair and public debate that society may address such complex issues as the one raised in the present case. Such debate, backed up by academic research, would benefit social cohesion by ensuring that representatives of all views are heard, including the individuals concerned. It would also clarify some common points of confusion, such as whether a person may be educated or enticed into or out of homosexuality, or opt into or out of it voluntarily. This was exactly the kind of debate that the applicant in the present case attempted to launch, and it could not be replaced by the officials spontaneously expressing uninformed views which they considered popular. In the circumstances of the present case the Court cannot but conclude that the authorities’ decisions to ban the events in question were not based on an acceptable assessment of the relevant facts.

87. The foregoing considerations are sufficient to enable the Court to conclude that the ban on the events organized by the applicant did not correspond to a pressing social need and was thus not necessary in a democratic society.

As a result, The European Court ruled that Russian authorities violated three specific articles of the European Convention, namely, Article 11 (freedom of assembly and association), Article 13 (right to an effective remedy), and Article 14 (prohibition of discrimination). In its conclusion, the Court stated:

108. The Court reiterates that sexual orientation is a concept covered by Article 14 (see, among other cases, Kozak v. Poland, no. 13102/02, 2 March 2010). Furthermore, when the distinction in question operates in this intimate and vulnerable sphere of an individual’s private life, particularly weighty reasons need to be advanced before the Court to justify the measure complained of. Where a difference of treatment is based on sex or sexual orientation the margin of appreciation afforded to the State is narrow, and in such situations the principle of proportionality does not merely require the measure chosen to be suitable in general for realizing the aim sought; it must also be shown that it was necessary in the circumstances. Indeed, if the reasons advanced for a difference in treatment were based solely on the applicant’s sexual orientation, this would amount to discrimination under the Convention (ibid, § 92).

109. It has been established above that the main reason for the ban imposed on the events organized by the applicant was the authorities’ disapproval of demonstrations which they considered to promote homosexuality (see paragraphs 77-78 and 82 above). In particular, the Court cannot disregard the strong personal opinions publicly expressed by the mayor of Moscow and the undeniable link between these statements and the ban. In the light of these findings the Court also considers it established that the applicant suffered discrimination on the grounds of his sexual orientation and that of other participants in the proposed events. It further considers that the Government did not provide any justification showing that the impugned distinction was compatible with the standards of the Convention.

Peter Tatchell (left) and Louis-Georges Tin both praised Nikolai Alekseev for his courage in fighting for gay rights in Russia. The two are pictured with 'defiant' placards, with Moscow City Hall in the background, during the first Moscow Pride in 2006. (photo: UK Gay News)

The court awarded 12,000 euros in damages to Moscow gay rights advocate and Pride organizer Nikolai Alexeev and a further 17,500 euros in costs. “This is the first ever decision of the European Court of Human Rights which concerns freedom of assembly in Russia. It guarantees everyone freedom of expression without special permission,” Alexeyev told The Moscow News directly after the verdict.

Speaking to UK Gay News on the Court’s ruling, Peter Tatchell, the campaigner for global LGBT human rights, said in London, “Nikolai and his small band of daring LGBT activists have taken on the might of the Russian state – and won. It is a triumph for LGBT Russians and for all Russians who love liberty.” Louis-Georges Tin, the founder and president of the International Day Against Homophobia organization, said that the decision of the European Court of Human Rights cannot be clearer. “Russia must respect the rights of all citizens for freedom of assembly on its territory without delay, and especially LGBT activists who faced a systematic breach of this basic right in the past years,” he said.

However, under Articles 43 and 44 of the Convention, this “Chamber judgment” is not final. During the three-month period following its delivery, any party may request that the case be referred to the Grand Chamber of the Court. If such a request is made, a panel of judges considers whether the case deserves further examination. In that event, the Grand Chamber will hear the case and deliver a final judgment. If the referral request is refused, the Chamber judgment will become final on that day.

October 12, 1998 (a Monday)

The horrific events that took place shortly after midnight on Wednesday, 7 October 1998, went against everything that Matthew Shepard embodied. Two men, Aaron McKinney and Russell Henderson, lead him to a remote area east of Laramie, Wyoming. He was tied to a split-rail fence where the two men severely assaulted him. He was beaten and left to die in the cold of the night. Almost 18 hours later, he was found by a bicyclist who initially mistook him for a scarecrow. Matt died on this date at 12:53 AM at Poudre Valley Hospital in Fort Collins, Colorado with his family by his side.

We never knew Matthew Shepard.

But he was our family.

Please, stop killing our family.
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October 7, 1998 (a Wednesday)

Fence where Matthew Shepard was beaten and left to die (cross added posthumously).

Shortly after midnight (12:00 AM) on this date, two men, Aaron McKinney and Russell Henderson, having led 21-year old college student Matthew Wayne Shepard to a remote area east of Laramie, Wyoming, tied him to a buck fence and brutally beat him and then abandoned him in the cold of the night. They later admitted that they had targeted him because he was gay. Still tied to the fence almost 18 hours after the horrific beating, Matthew was discovered by Aaron Kreifels, who initially mistook him for a scarecrow. At the time of discovery, Matthew was still alive in a coma.

Matthew Shepard sometime in 1998.

Matthew had suffered fractures to the back of his head and in front of his right ear. He had severe brain stem damage, which affected his body’s ability to regulate heart rate, body temperature, and other vital functions. There were also about a dozen small lacerations around his head, face, and neck. His injuries were deemed too severe for doctors to operate. Matthew never regained consciousness and remained on full life support until he died on October 12 at 12:53 AM at a hospital in Fort Collins, Colorado. His entire family was by his side for the last few days of his life. His funeral was attended by friends and family from around the world and gained the appropriate media attention that brought Matthew’s story to the forefront of the fight against hate.

In response to Matthew’s murder, many gay people, especially youth, reported going back into the closet, fearing for their safety, experiencing a strong sense of self-loathing, and upset that the same thing could happen to them because of their sexual orientation. The reaction to his murder underscores the fact that, from a psychological perspective, hate crimes are worse than regular crimes without a prejudiced motivation. The time it takes to mentally recover from a hate crime is substantially longer than it is for a regular crime, and gay people often feel as if they are being punished for their sexuality, leading to higher incidence of depression, anxiety, and post traumatic stress disorder.

Matthew was not a martyr. He was a victim of homophobia.

Rescue party reaches crash site of United Airline Flight 409 on October 7, 1955.

Ironically, yesterday was the anniversary of another tragedy that occurred at Laramie, Wyoming. On October 6, 1955, a jetliner slammed into a nearby mountain peak killing everyone on board, at that time the deadliest accident in U.S. commercial aviation history. Some say the pilot became disoriented in the clouds. Now that the crash site is more than 50 years old, it is federally protected and no one may legally remove pieces of the wreckage. On August 25, 2001, a memorial plaque was dedicated nearby, which reads “In memory of the 66 passengers and crew that perished on Medicine Bow Peak October 6, 1955.” The aftermath of the crash gave birth to new laws for aeronautical safety and new technologies for improved navigation.

In 2009, after repeated obstruction over the years by homophobic politicians like Senator Jesse Helms (who died in 2008), the federal hate crime law was finally expanded by passage of The Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act to include crimes motivated by a victim’s actual or perceived gender, sexual orientation, or gender identity. However, unlike the crash of the jetliner in 1955, NO memorial of any kind has been established to mark where Matthew was beaten and left to die. In fact, the names of the nearby roads were changed in an effort to make the location more difficult to find. Even the fence at the site has been removed by the landowner.

It seems this is one tragedy Laramie would like to forget …

Suggested Reading:

• Monique Noelle, “The ripple effect of the Matthew Shepard murder: Impact on the assumptive worlds of members of the targeted group,” American Behavioral Scientist, Vol. 46, No. 1, pp. 27-50 (2002).

A Case of Correlation, not Causation

I just read about a scientific study entitled, “Multiple aspects of sexual orientation: Prevalence and sociodemographic correlates in a New Zealand national survey”, which appeared in the Archives of Sexual Behavior. The abstract was published online on 22 June 2010 (the rest of the paper can be obtained only by paying $34.00, which means that it is effectively unavailable to me):

Sexual orientation consists of multiple components. This study investigated both sexual identity and same-sex sexual behavior. Data came from the New Zealand Mental Health Survey, a nationally representative community sample of New Zealanders aged 16 years or older, interviewed face-to-face (N = 12,992, 48% male). The response rate was 73.3%. Self-reported sexual identity was 98.0% heterosexual, 0.6% bisexual, 0.8% homosexual, 0.3% “Something else,” and 0.1% “Not sure.” Same-sex sexual behavior with a partner was more common: 3.2% reported same-sex sexual experience only and 1.9% reported both experience and a relationship. For analysis of childhood and lifecourse, five sexuality groups were investigated: homosexual, bisexual, and heterosexual divided into those with no same-sex sexual experience, experience only, and experience and relationship. The non-exclusively heterosexual groups were more likely to have experienced adverse events in childhood. Educational achievement and current equivalized household income did not differ systematically across the sexuality groups. Only 9.4% of the exclusively heterosexual lived alone, compared with 16.7% of bisexuals and 19.0% of homosexuals. Heterosexuals were more likely than bisexuals or homosexuals to have ever married or had biological children, with differences more marked for males than for females. Heterosexuals with no same-sex sexual experience were more likely to be currently married than the other two heterosexual groups. Restricting comparisons to heterosexual, bisexual, and homosexual identification ignores the diversity within heterosexuals. Differences between the bisexual and homosexual groups were small compared with the differences between these groups and the exclusively heterosexual group, except for sex (80.8% of bisexuals were female).

Of people who reported certain traumatic childhood events, including sexual assault, rape, violence to the child, and witnessing violence in the home, 15 percent were not heterosexual; of those without such experiences, only 5 percent were not heterosexual, suggesting that such experiences tripled the chance of later homosexual or bisexual identification. Although sexual or physical abuse in childhood was associated with adult homosexuality, other traumatic experiences, such as the sudden death of a loved one or serious childhood illness or accident, were only slightly associated with non-heterosexual identity or behavior.

The authors are J. Elisabeth Wells and Magnus A. McGee, who are both in the Department of Public Health and General Practice, University of Otago, New Zealand and Annette L. Beautrais, who is affiliated with both the Department of Psychological Medicine, University of Otago and the Department of Emergency Medicine, Yale University School of Medicine. The journal is peer-reviewed, so these authors are not hacks.

However, I find some aspects of the report disturbing because of their potential to mislead non-scientists (and even some scientists).

• Wells, in commenting publicly about the study, revealed her assumption that homosexuals are made, not born. This is a major glaring flaw, since existing research has not produced conclusive findings indicating grounds for such an assumption. “People who either identify themselves as homosexual or bisexual, or have had a same-sex encounter or relationship, tend to come from more disturbed backgrounds,” she remarked. “You could say that if someone was sexually abused as a child, chooses to live as a homosexual and lives life well, then that is not a bad thing. But if they are living a homosexual life and regretting it, that is another matter.”
• More importantly, I seriously doubt the credibility of this study because all of the ratios are way off. Of the sample who provided responses, ninety-eight percent identified as heterosexual, only 0.8 percent homosexual, and only 0.6 percent bisexual. Of those who identified as bisexual, 80 percent were women. This study is seriously skewed. The responses were all obtained in face-to-face interviews, which in sex studies are known to lead to under-reporting by sexual minorities. Self-reporting, even when obtained by questionnaire, is unreliable in sex studies. For example, homosexuals are probably less likely to identify as such because of homophobia in society. And are self-avowed homosexuals more — or less — likely to reveal that they were victims of child sex abuse than heterosexuals? They may be more comfortable talking about their sex lives and therefore more inclined to report childhood abuse. On the other hand, heterosexual males, less comfortable with discussing sex or seeing themselves as victims, may be far less likely to admit that they were sexually abused as children.
• It is always important in scientific studies to distinguish between correlation and causation. This study reveals only a correlation between childhood abuse and later homosexual identification. It does not and, in fact, cannot demonstrate a causal connection — that child abuse causes homosexuality. To conclude so would be as illogical as saying that lynchings cause brown skin, or wearing skirts causes breast cancer. Perhaps homosexual identification causes child abuse — in other words, maybe homosexual children are more likely to be victims because of bigotry against them? Independent evidence — namely, the most comprehensive report ever on the experiences of lesbian, gay, bisexual and transgender (LGBT) students in the United States, The 2007 National School Climate Survey — indicates that this is likely. The survey of 6,209 middle and high school students conducted by the Gay, Lesbian, and Straight Education Network (GLSEN) found that nearly 9 out of 10 LGBT students (86.2 percent) experienced harassment at school in the past year, three-fifths (60.8 percent) felt unsafe at school because of their sexual orientation, and about a third (32.7 percent) skipped a day of school in the past month because of feeling unsafe. This survey, of course, did not address abuse in the home arising out of homosexual identification.

Homophobic bullying.

Tony Simpson, chairman of the national LGBT group Rainbow Wellington in New Zealand, said that the research should not be taken to mean that homosexuals are not born that way. “I have no doubt that the religious right will leap to the conclusion that this goes to show conclusively that homosexuals are made rather than born,” he said. As he predicted, the study was reported on LifeSiteNews.com, an antigay religious-right Web site.

However, the scientific and medical consensus is clear: homosexual orientation is not the result of choice. There is probably a combination of genetic and biological factors that cause people to become gay. Choice and willfulness have nothing to do with who is and is not homosexual (or heterosexual). Someone who falls in love with a member of their own sex has no more choice over their sexual orientation than someone who falls in love with a member of the opposite-sex. The only choice is whether to embrace and celebrate one’s orientation, or to be ashamed and hide.

Suggested Reading:

• Wells, J., McGee, M., & Beautrais, A. (2010). Multiple Aspects of Sexual Orientation: Prevalence and Sociodemographic Correlates in a New Zealand National Survey Archives of Sexual Behavior DOI: 10.1007/s10508-010-9636-x