The Safe House 2009 Pilot for LGBTQ Youth Explained & more


In response to numerous requests for more information on the defunct Safe House Pilot Project that was to address the growing numbers of displaced and homeless LGBTQ Youth in New Kingston in 2007/8/9, a review of the relevance of the project as a solution, the possible avoidance of present issues with some of its previous residents if it were kept open.
Recorded June 12, 2013; also see from the former Executive Director named in the podcast more background on the project: HERE also see the beginning of the issues from the closure of the project: The Quietus ……… The Safe House Project Closes and The Ultimatum on December 30, 2009

Monday, December 3, 2012

US Supreme Court Wait Continues For Same-Sex Couples


Marriage equality proponent Kat McGuckin of Oaklyn, New Jersey, holds a gay marriage pride flag while standing in front of the Supreme Court, Nov. 30, 2012.
Image by Chip Somodevilla / Getty Images


On Monday, the Supreme Court again gave no word on the status of several cases addressing the rights of gay and lesbian couples. Next news could come Friday.
WASHINGTON — After a weekend of waiting, the Supreme Court issued no word Monday morning on the status of several cases involving same-sex couples' marriage rights. The justices are scheduled to reconsider the cases at their next conference, Dec. 7.

No new cases were granted in an order list issued on Monday morning, including the cases challenging the Defense of Marriage Act and California's Proposition 8. None of the cases' petitions were denied by the court either, meaning they remain before the justices.

The justices had been slated to consider 10 petitions on Nov. 30 asking the court to review various cases challenging DOMA, Proposition 8, and an Arizona law that would rescind domestic partner benefits to state employees. Although it is possible the cases were considered at that conference, the dockets for the petitions were updated Monday morning to state that the justices will consider them at their Dec. 7 conference.

The justices could continue to consider the petitions beyond the Dec. 7 conference; however, that would mean a delay of nearly a month for any likely decision on them, as the next conference after that is not scheduled to take place until the new year, on Jan. 4.

The Proposition 8 Case Supreme Court Docket:
thanks to Chris from Buzzfeed for this again the buzz has been providing excellent details on this development. 

Some surmise that they are afraid that it would end up as a 5-4 decision to support full equality for all. So they are using the typical route of delay, delay, delay. Maine is expected to commence their gay marriages on December 29th while in Nevada a Federal judge says the state can ban same sex marriage, in the judgement handed down Judge Robert C. Jones, a George W. Bush appointee, found that the U.S. Constitution's guarantee of equal protection of the laws does not "[prohibit] the People of the State of Nevada from maintaining statutes that reserve the institution of civil marriage to one-man–one-woman relationships."

Jones ruled that a prior Supreme Court precedent — a 1972 case, Baker v. Nelson, that denied a same-sex couple's marriage claim as lacking any "substantial federal question" — controlled his decision. Even if not, he ruled that the "exclusion of same-sex couples from the institution of civil marriage" was constitutional "[b]ecause the maintenance of the traditional institution of civil marriage as between one man and one woman is a legitimate state interest."

In reaching his decision, Jones found that a classification like Nevada's marriage law, which distinguishes between heterosexual and homosexual people (his analysis did not address bisexuality), should not be viewed with additional scrutiny, as are laws that distinguish based on sex or race. The analysis, made as part of challenges claiming a violation of the Constitution's equal protection guarantees, asks whether the group claiming discrimination under the law has experienced a history of discrimination and continues to face levels of political powerlessness.

In these areas, Jones found — contrary to a recent decision by the Second Circuit Court of Appeals — that gay and lesbian people did not exhibit the characteristics necessary for additional protection.

"Homosexuals have not historically been denied the right to vote, the right to serve on juries, or the right to own property," he wrote, in dismissing claims of a history of discrimination. Noting recent ballot successes on marriage issues, Jones wrote, "It simply cannot be seriously maintained, in light of these and other recent democratic victories, that homosexuals do not have the ability to protect themselves from discrimination through democratic processes such that extraordinary protection from majoritarian processes is appropriate."

Once Jones decided that "rational basis," the lowest type of scrutiny, would be applied to Nevada's prohibition on allowing same-sex couples to marry, he quickly found several reasons for upholding the differential treatment.

"The protection of the traditional institution of marriage, which is a conceivable basis for the distinction drawn in this case, is a legitimate state interest," he began, adding that if the state recognized same-sex couples' marriages, "it is conceivable that a meaningful percentage of heterosexual persons would cease to value the civil institution as highly as they previously had and hence enter into it less frequently ... because they no longer wish to be associated with the civil institution as redefined."

More as the developments unfold, these are interesting times even as our local lawmakers' delay of the suggested buggery review by Prime Minister Portia Simpson Miller (then in opposition) in the last election debate however opposition spokesman on Justice Delroy Chuck today lamented that there was so much free time in the houses as there are no major law altering bills on the order paper as legislators spend little time doing nothing much these days which seems to put a cloud over the PNP's delay in reviewing the problematic law. 

Lest we also not forget that the delay was hinted to by a young first time member of parliament Damion Crawford who at one point jeered at the suggestion by his boss at a function earlier this year:

video
originally aired on CVM TV February

Also the fear by anti buggery/gay advocates for the futuristic gay marriage rights that they see as coming on the heels of a buggery review they also suggest there will be prosecution eventually for persons who remotely speak out against any same sex related matter. I say highly unlikely.

Other evidence of the fear coming from sections the religious movement came from the Jamaica Coalition for a Healthy society, JCHS where instead of really doing things to foster a healthy and inclusive nation it pays hundreds of thousands for full paged ads in newspapers yet thousands literally are homeless and hungry on our streets. Here is an ad that came out after dancehall/reggae artist made a mockery of our 50th celebrations by hitting out at gay marriage (a right never asked for in Jamaica)



Where are the priorities here? well that may change one day when we all get some sense in our heads. 


Peace and tolerance

H


also see the following for some more background on the other GLBTQJA blogs: 

MoBay Church Fraternity Says No To Buggery Review 

Vatican vows to fight gay marriage after gains made on sister blog GLBTQ Jamaica

Group braces for costly fight against gays





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Aphrodite's P.R.I.D.E Jamaica, APJ launched their website


Aphrodite's P.R.I.D.E Jamaica, APJ launched their website on December 1 2015 on World AIDS Day where they hosted a docu-film and after discussions on the film Human Vol 1






audience members interacting during a break in the event


film in progress

visit the new APJ website HERE

See posts on APJ's work: HERE (newer entries will appear first so scroll to see older ones)

VACANT AT LAST! SHOEMAKERGULLY: DISPLACED MSM/TRANS PERSONS WERE IS CLEARED DECEMBER 2014





CVM TV carried a raid and subsequent temporary blockade exercise of the Shoemaker Gully in the New Kingston district as the authorities respond to the bad eggs in the group of homeless/displaced or idling MSM/Trans persons who loiter there for years.

Question is what will happen to the population now as they struggle for a roof over their heads and food etc. The Superintendent who proposed a shelter idea (that seemingly has been ignored by JFLAG et al) was the one who led the raid/eviction.

Also see:

the CVM NEWS Story HERE on the eviction/raid taken by the police

also see a flashback to some of the troubling issues with the populations and the descending relationships between JASL, JFLAG and the displaced/homeless GBT youth in New Kingston: Rowdy Gays Strike - J-FLAG Abandons Raucous Homosexuals Misbehaving In New Kingston

also see all the posts in chronological order by date from Gay Jamaica Watch HERE and GLBTQ Jamaica HERE

GLBTQJA (Blogger): HERE

see previous entries on LGBT Homelessness from the Wordpress Blog HERE


May 22, 2015, see: MP Seeks Solutions For Homeless Gay Youth In New Kingston


War of words between pro & anti gay activists on HIV matters .......... what hypocrisy is this?



War of words between pro & anti gay activists on HIV matters .......... what hypocrisy is this?

A war of words has ensued between gay lawyer (AIDSFREEWORLD) Maurice Tomlinson and anti gay activist Dr Wayne West as both accuse each other of lying or being dishonest, when deception has been neatly employed every now and again by all concerned, here is the post from Dr West's blog

This is laughable to me as both gentleman have broken the ethical lines of advocacy respectively repeatedly especially on HIV/AIDS and on legal matters concerning LGBTQ issues

The evidence is overwhelming readers/listeners, you decide.


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Homeless MSM Challenges and relationships with agencies overview ........



In a shocking move JFLAG decided not to invite or include homeless MSM in their IDAHO activity for 2013 thus leaving many in wonderment as to the reason for their existence or if the symposium was for "experts" only while offering mere tokenism to homeless persons in the reported feeding program. LISTEN TO THE AUDIO ENTRY HERE sad that the activity was also named in honour of one of JFLAG's founders who joined the event via Skype only to realise the issue he held so dear in his time was treated with such disrespect and dishonour. Have LGBT NGOs lost their way and are so mainstream they have forgotten their true calling?

also see a flashback to some of the issues with the populations and the descending relationships between JASL, JFLAG and the displaced/homeless LGBT youth in New Kingston: Rowdy Gays Strike - J-FLAG Abandons Raucous Homosexuals Misbehaving In New Kingston

also see all the posts in chronological order by date from Gay Jamaica Watch HERE and GLBTQ Jamaica HERE

GLBTQJA (Blogger): HERE

see previous entries on LGBT Homelessness from the Wordpress Blog HERE

Newstalk 93FM's Issues On Fire: Polygamy Should Be Legalized In Jamaica 08.04.14



debate by hosts and UWI students on the weekly program Issues on Fire on legalizing polygamy with Jamaica's multiple partner cultural norms this debate is timely.

Also with recent public discourse on polyamorous relationships, threesomes (FAME FM Uncensored) and on social.

Popular Posts

RJR - Surprise Yes vote by Ja on Sexual Orientation Removal from Summary Executions Resolution

Beyond the Headlines host Dionne Jackson Miller has Arlene Harrison Henry and Maurice Tonlinson on Human RIghts Day 2012 on the the removal of language in the form of sexual orientation on the Summary Executions UN Resolution - On November 21, 2012, Jamaica voted[1] against resolution A/C.3/67/L.36 at the United Nations condemning extra-judicial, summary or arbitrary executions which urges States “to investigate promptly and thoroughly all killings, including… all killings committed for any discriminatory reason, including sexual orientation

Homeless MSM evicted from Cargill Avenue (evening edition)



28/08/12 CVM TV again rebroadcast a story of homeless MSM and the deplorable living conditions coupled with the almost sensationalistic narrative of the alleged commercial sex work the men are involved in. Gay Jamaica Watch has been following this issue since 2009 when the older populations of MSMs who were for the most part displaced due to forced evictions and homo negative issues and their re-displacement by agencies who on the face of it refused to put in place any serious social interventions to assist the men to recovery CLICK HERE for the CLIP

Information, Disclaimer and more

Not all views expressed are those of GJW

This blog contains pictures and images that may be disturbing. As we seek to highlight the plight of victims of homophobic violence here in Jamaica, the purpose of the pics is to show physical evidence of claims of said violence over the years and to bring a voice of the same victims to the world.

Many recover over time, at pains, as relocation and hiding are options in that process. Please view with care or use theHappenings section to select other posts of a different nature.


Not all persons depicted in photos are gay or lesbian and it is not intended to portray them as such, save and except for the relevance of the particular post under which they appear.

Please use the snapshot feature to preview by pointing the cursor at the item(s) of interest. Such item(s) have a small white dialogue box icon appearing to their top right hand side.

God Bless


Other Blogs I write to:
http://glbtqjamaica.blogspot.com/
http://glbtqja.wordpress.com
Recent Homophobic Incidents CLICK HERE for related posts/labels from glbtqjamaica's blog & HERE for those I am aware of.

contact:
lgbtevent@gmail.com

Steps to take when confronted by the police & your rights compromised:

a) Ask to see a lawyer or Duty Council

b) Only give name and address and no other information until a lawyer is present to assist

c) Try to be polite even if the scenario is tense

d) Don’t do anything to aggravate the situation

e) Every complaint lodged at a police station should be filed and a receipt produced, this is not a legal requirement but an administrative one for the police to track reports

f) Never sign to a statement other than the one produced by you in the presence of the officer(s)

g) Try to capture a recording of the exchange or incident or call someone so they can hear what occurs, place on speed dial important numbers or text someone as soon as possible

h) File a civil suit if you feel your rights have been violated

i) When making a statement to the police have all or most of the facts and details together for e.g. "a car" vs. "the car" represents two different descriptions


j) Avoid having the police writing the statement on your behalf except incases of injuries, make sure what you want to say is recorded carefully, ask for a copy if it means that you have to return for it
glbtqjamaica@live.com

Notes on Bail & Court Appearance issues

If in doubt speak to your attorney

Bail and its importance -
If one is locked up then the following may apply:

Locked up over a weekend - Arrested pursuant to being charged or detained There must be reasonable suspicion i.e. about to commit a crime, committing a crime or have committed a crime. There are two standards that must be met:
1). Subjective standard: what the officer(s) believed to have happened

2). Objective standard: proper and diligent collection of evidence that implicates the accused To remove or restrain a citizen’s liberty it cannot be done on mere suspicion and must have the above two standards

 Police officers can offer bail with exceptions for murder, treason and alleged gun offences, under the Justice of the Peace Act a JP can also come to the police station and bail a person, this provision as incorporated into the bail act in the late nineties

 Once a citizen is arrested bail must be considered within twelve hours of entering the station – the agents of the state must give consideration as to whether or not the circumstances of the case requires that bail be given

 The accused can ask that a Justice of the Peace be brought to the station any time of the day. By virtue of taking the office excluding health and age they are obliged to assist in securing bail

"Bail is not a matter for daylight"

Locked up and appearing in court:
 Bail is offered at the courts office provided it was extended by the court; it is the court that has the jurisdiction over the police with persons in custody is concerned.

 Bail can still be offered if you were arrested and charged without being taken to court a JP can still intervene and assist with the bail process.

Other Points of Interest:
 The accused has a right to know of the exact allegation

 The detainee could protect himself, he must be careful not to be exposed to any potential witness

 Avoid being viewed as police may deliberately expose detainees

 Bail is not offered to persons allegedly with gun charges

 Persons who allegedly interfere with minors do not get bail

 If over a long period without charge a writ of habeas corpus however be careful of the police doing last minute charges so as to avoid an error

 Every instance that a matter is brought before the court and bail was refused before the accused can apply for bail as it is set out in the bail act as every court appearance is a chance to ask for bail

 Each case is determined by its own merit – questions to be considered for bail:

a) Is the accused a flight risk?
b) Are there any other charges that the police may place against the accused?
c) Is the accused likely to interfere with any witnesses?
d) What is the strength of the crown’s/prosecution’s case?


 Poor performing judges can be dealt with at the Judicial Review Court level or a letter to the Chief Justice can start the process


Human Rights Advocacy for GLBT Community Report 2009

What Human Rights .............

What are Human Rights?

By definition human rights are our inalienable fundamental rights. Inalienable means that which cannot be taken away. So our human rights are bestowed upon us from the moment we are born and, thus we are all entitled to these rights. Because we are entitled to our human rights and they cannot and should not be taken away from us, we as a people must strive to protect them, government should protect them and breaches of our rights should be highlighted and addressed appropriately.

Human rights are the same for everyone irrespective of colour, class or creed, and are applicable at both the national and international level. In Jamaica, our human rights are enshrined in and protected by our Constitution. Internationally, there have been numerous laws and treaties enacted specifically for the protection of human rights.

Milestone document

Most notably of these is the Universal Declaration of Human Rights. This declaration is seen as a milestone document in the history of human rights. It was proclaimed by the United Nations, in 1948, as a common standard of achievements for all nations, and sets out the fundamental human rights to be universally recognised and protected.

The Declaration sets out the following rights:

All human beings are born free and equal in dignity and rights.

Everyone has the right to life, liberty and security of person.

No one shall be held in slavery or servitude.

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

Equality before the law

Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.

No one shall be subjected to arbitrary arrest, detention or exile.

Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.

(1) Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law.

No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.

Everyone has the right to freedom of movement

Everyone has the right to a nationality.

(1) Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.

(2) Marriage shall be entered into only with the free and full consent of the intending spouses.

(3) The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.

(1) Everyone has the right to own property alone as well as in association with others.

(2) No one shall be arbitrarily deprived of his property.

Everyone has the right to freedom of thought, conscience and religion

Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

(1) Everyone has the right to freedom of peaceful assembly and association.

(2) No one may be compelled to belong to an association.

(1) Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.

(2) Everyone has the right of equal access to public service in his country.

(3) The will of the people shall be the basis of the authority of government;

Everyone has the right to education.

Everyone is entitled to all the rights and freedoms, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.