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Rana, Jerry and Lisa Sanders
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Person of the Year Mayor Jerry Sanders
Published Thursday, 13-Dec-2007 in issue 1042
“I have a few choice words for the criminals who committed this vicious attack and for any others who are contemplating perpetrating such a crime: You are cowards. Make no mistake about it; if you commit such a crime, we will do everything within our power to catch you.”
Mayor Jerry Sanders in a press conference addressing the city following the hate crimes that took place Pride weekend in Balboa Park, 2006
“I have close family members and friends who are members of the gay and lesbian community. These folks include my daughter Lisa and her partner, as well as members of my personal staff. I want for them the same thing that we want for all our loved ones – for each of them to find a mate whom they love deeply and who loves them back; someone with whom they can grow old together and share life’s wondrous adventures. And I want their relationships to be protected equally under the law. In the end, I could not look any of them in the face and tell them that their relationships – their very lives – were any less meaningful than the marriage I share with my wife Rana.”
Mayor Jerry Sanders in a press conference addressing his support of the friend-of-the-court brief in an appeal of a same-sex marriage ban to the California Supreme Court, 2007
Jerry Sanders is no fair-weather friend. He is a man of conviction.
From CNN to YouTube, the video of Mayor Sanders’ emotional announcement that he would sign an amicus brief in favor of same-sex marriage circulated to millions.
The mayor’s emotional press conference came on the heels of a previous announcement that he would veto the amicus brief, a friend-of-the-court brief in an appeal of a same-sex marriage license ban to the California Supreme Court.
The about-face stunned his conservative Republican base, as well as members of San Diego’s GLBT community.
It is the mayor’s stand for marriage equality, for his daughter, and for all families that has earned Jerry Sanders the Gay & Lesbian Times’ recognition as Person of the Year. Sanders, the only person to be awarded Person of the Year consecutively, was recognized in 2006 for his work uniting the community after the attacks on six gay men at the Pride festival. For the second year in a row, Sanders has stood with the GLBT community – though, this year, his stand was unexpected.
“During my campaign two years ago, I announced that I did not support gay marriage,” the mayor said, in the afternoon press conference. “Instead I supported civil unions and domestic partnerships. I have personally wrestled with that position ever since.”
The mayor took a long pause and a sip of water before he continued.
“My opinions on this issue have evolved significantly.
“The arrival of the resolution to sign or veto in my office late last night forced me to reflect and search my soul for the right thing to do.”
He paused again.
“I have decided to lead with my heart … to do what I think is right, to take a stand on the side of equality and social justice … the right thing to do is sign this resolution.”
The tearful mayor continued, explaining he could no longer support “separate but equal” rights, and, for the first time in a public forum, he acknowledged his daughter Lisa’s sexuality.
Months later, the video and Sanders’ change of heart, still has widespread impact. The Republican mayor faced significant backlash from constituents, but garnered the praise of the local GLBT community and media outlets, including the Los Angeles Times.
“In our community, as well as in the state and nation, that video has had such an impact,” said Delores Jacobs, chief executive officer of The San Diego LGBT Community Center. “This is someone whose party does not support same-sex marriage, who is going to pay a price – but he stands up and says, ‘This is not right, this is unjust, and I will stand with my family and my daughter.’ He took a risk and he should be recognized for it.”
An editorial in the Los Angeles Times praised Sanders for his “impressive courage” and said “he set an example for other politicians … and for parents.”
“At the time, the mayor really stepped in and showed true leadership,” said District 3 City Councilmember Toni Atkins, who introduced the friend-of-the-court brief to the City Council. “He did it in a manner that was straightforward and courageous, and he showed he’s not beholden to any specific interest group, a political party, or us, for that matter. As for the long-lasting impact, we haven’t felt it yet, but I think this changes the dynamic of how people look at San Diego. We’ve been saying we’re more and more progressive … but now, we have a mayor who stands up and says, ‘These are citizens too.’”
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Councilmember Jim Madaffer
Facing reelection in a city that generally votes conservative, the mayor’s “change of heart” on same-sex marriage, coupled with the Sunroad debacle and an ongoing, public war of words with City Attorney Michael Aguirre, has made him vulnerable to criticism.
It’s not only his support of the GLBT community that warrants recognition. Citywide, the mayor has made reforms to revitalize finances, and get the city back on track.
The Gay & Lesbian Times talked with Sanders Monday to discuss his challenges and accomplishments in 2007. The mayor declined to comment on the amicus brief and on same-sex marriage (his office has declined interviews on the subject with all local and national media), but talked openly about challenges facing the city’s finances, and some of his accomplishments in 2007.
The mayor said one of his biggest accomplishments in 2007 was balancing the city’s budget and repaying long-past debt, putting nearly $104 million into long-term obligations.
“The only way to do that is by a massive streamlining effort, and we’ll continue to streamline and pay into long-past debt,” he said.
Another of his accomplishments, he said, is securing $1.4 billion for water and wastewater systems to repair aged and decaying pipes, and comply with state and federal government standards. He’s also proud of his lobbying in Sacramento and Washington, D.C., to bring much-needed funding to San Diego.
Sanders said the city has implemented about 52 to 54 percent of the 122 recommendations by the Kroll investigation, a report on the city government’s mishandling of finances, and he hopes to have them all implemented by 2009.
The mayor’s office also said criminal activity in San Diego has dropped to an all-time low. When asked about a recent report citing a spike in hate crimes, Sanders said he had not read the report but was alarmed.
“I’m always alarmed by an increase in hate crimes, but its one of those things that as we get better about reporting them, we’re always going to see an increase before we see a decrease,” said Sanders, whose office is working in tandem with the police department to educate officers and community members on hate crimes. “It’s something that we’re focusing on spending a lot of time on.”
Other notable leaders
Councilmembers Jim Madaffer and Ben Hueso are notable leaders in 2007 because they also risked popularity with constituents by voting in favor of the amicus brief to support same-sex marriage.
Madaffer, a Republican councilmember from District 7, faced considerable backlash after his initial vote Sept. 5. On Sept. 18, when the friend-of-the-court brief headed back to the City Council (after failing to pass the first time), Madaffer again voted in favor.
“We needed Jim’s vote – particularly when we lost Tony Young,” Atkins said. “Jim’s vote was critical, particularly early on. I think the Republicans were astounded with his position.”
Atkins said when she called Madaffer to outline the brief and ask for his support, he didn’t hesitate.
“He said, ‘I’m there,’” she said.
Madaffer received calls and e-mails criticizing his vote – but he held strong.
“In 2007, how are we still denying people their civil rights – isn’t that what this is about?” Madaffer said. “All of the religious zealots in the world can come down and invoke the word of God, but at the end of the day, this is about civil rights … What really drove me was my conscience and my convictions. People typecast me for various reasons, but at the end of the day, I do what I can to improve the quality of life for people in this city.”
Madaffer said a wealthy Republican approached him at the campaign kick-off for Sanders days after the mayor signed the amicus brief. The man told Madaffer that the mayor wouldn’t be in “this position” if it weren’t for Madaffer’s vote, meaning Madaffer was to blame for the flak the mayor caught for approving the brief.
“It just goes to show, there are still a lot of hurtful, hateful people out there,” Madaffer said.
Likewise, Hueso, a Democrat, felt the heat – from the Catholic church. Hueso, a member of the church, received calls and e-mails, and a letter from Bishop Robert Brom about his position on the amicus brief.
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California Sen. Christine Kehoe
Though some expected Hueso’s vote because he is a Democrat, Atkins said it’s important to not take Hueso for granted.
“Ben is going to go on to be a leader on the City Council, I really believe that,” Atkins said. “Yes, as a Democrat there are certain values we expect him to uphold, but in order to support those values, he had to unsettle himself, and upset people from the church. He put a lot of thought into this. He was very thoughtful about doing the right thing … Ben really showed courage, and I hope we don’t take people like him for granted.”
Victories
Openly gay prosecutor sworn in as Superior Court Judge
Former Deputy District Attorney David Rubin made history Jan. 8, when he was sworn in as the presiding judge of Office 49 of the San Diego Superior Court.
“It’s the culmination of a dream of mine to become a judge and it’s a great achievement, I think, for our community that we have elected an openly gay man in this county,” said Rubin, the first openly gay prosecutor sworn in as Superior Court Judge.
The former prosecutor was lauded by a wide spectrum of the electorate in months preceding the November election, garnering him a highly coveted San Diego Union-Tribune endorsement and the immediate support of Dumanis and Kolender. Talking about the unprecedented victory in San Diego County, a giddy Rubin believes that citizens wanted “… someone who’s got an impeccable record of ethics and integrity, someone who is a good listener and someone who has great respect for the law and for the litigants.”
As a deputy district attorney for two decades, Rubin successfully prosecuted two death penalty cases, including that of Adrian Camacho for the murder of Tony Zeppetella, an Oceanside police officer in 2003.
Judge upholds dress code in case of anti-GLBT T-shirt
In January, a federal judge upheld a suburban Poway High School’s dress code, rejecting a challenge by a student who got pulled from class for wearing a T-shirt with anti-gay language.
Tyler Chase Harper sued the Poway Unified School District in 2004 to overturn a policy that says the schools will aim to reduce or prevent “hate behavior,” including threats and attacks based on sexual orientation. The student claimed the policy limited free speech.
The front of Harper’s T-shirt read, “Homosexuality is shameful. Romans 1:27.” The back read, “Be ashamed. Our school has embraced what God has condemned.”
U.S. District Judge John Houston ruled the dress-code policy was not overly broad. The judge also dismissed Harper as a plaintiff because he graduated from Poway High School last year, but the judge considered the case on behalf of sister, Kelsie Harper, who is still a student at the school.
Kevin Theriot, a lawyer for the Harpers, said he would immediately appeal.
“It’s a very disturbing opinion,” said Theriot, a lawyer with the Alliance Defense Fund, which describes itself as an advocate for religious freedom. “What this means is the school can allow viewpoints of one group but not another.”
In April, the San Francisco-based 9th U.S. Circuit Court of Appeals refused to order that the policy be suspended pending the outcome of the student’s lawsuit.
Kehoe secures nondiscrimination policy for state military personnel
California Sen. Christine Kehoe, D-San Diego, announced in February that the California National Guard will not discriminate against state guard members who are gay, lesbian or bisexual. The decision came following Kehoe’s request last fall to the California Military Reserve. In response, Major General William H. Wade II, commander of the California Military Reserve, issued a policy memorandum on the state’s commitment to nondiscrimination on the basis of sexual orientation.
The memorandum, dated Feb. 14, stated that nonfederal personnel who are lesbian, gay and bisexual will join other protected classes such as race, color, religion, nationality, gender, disability and age. According to the memo, “All leaders are responsible for ensuring that every member of the State Civil Service, State Military Reserve and State Active Duty who are not federally recognized receive fair and equitable treatment on the basis of their capability and merit without regard to race, color, religion, nationality, gender, disability, age or sexual orientation.”
However, the order does not apply to National Guard units in California who are federal employees. Federal guard members will continue to operate under the “Don’t Ask, Don’t Tell” policy, which has discharged more than 11,000 servicemembers because of their sexual orientation since the law’s inception in 1994.
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Tyler Chase, a former Poway High School student, wearing a T-shirt to protest the school’s policy to discourage ‘hate behavior’ against GLBT students.
Outrages
No liability for Sheriff’s Department
The District Attorney’s Office concluded that law enforcement involved in the apprehension and restraint of Vanessa Facen – a male-to-female transgender person who died while in custody of the sheriff’s department – acted “reasonably under the circumstances” and “bear no criminal liability for their actions.”
Facen, 35, was pronounced dead Nov. 21, 2005, four days after a mĂȘlée with sheriff’s deputies at the downtown jail. Cause of death was ruled an accident.
“This is a decision not to prosecute people criminally being made by somebody who probably has lunch with the sheriff once a week,” said attorney John Burk, representing Facen’s mother, Diane, who filed suit Nov. 20 of last year against the San Diego County Sheriff’s Department for the wrongful death of her daughter while in the custody of law enforcement. “DAs never prosecute anybody for police misconduct unless there is some political situation that absolutely forces them to do it,” Burk said.
Violations of the Fourth and Fourteenth Amendments are believed to have occurred in the form of excessive use of force during arrest and seizure of Facen. According to what the suit cites as “meager official reports,” Facen became combative while en route to Sharp Grossmont Hospital for treatment of the wounds incurred during her attempted burglary of a neighbor’s townhouse. In the ensuing struggle, police bludgeoned Facen with a number of blunt weapons. They also tazered, pepper sprayed, restrained and finally subdued. After Grossmont Hospital’s emergency room admitted Facen, medical professionals, including Stephen J. Shipley, M.D., examined her – at which time Facen became increasingly agirated. Police subdued her once more before being discharging her back to the custody of the sheriff’s deputies.
Upon release to the authorities, Facen became combative once again as she approached the entrance to the male section of the county jail. At this time, she was forced down into prone position with obstructing sheets wrapped around her head. Shortly thereafter, she became unresponsive and was rushed to the medical intensive care unit of the UCSD Medical Center. Although she was revived, the damage to her brain was irreparable, and she was later pronounced dead.
The District Attorney’s Office would not comment on its investigation and conclusion.
Set Free’s foul ball
The San Diego Padres lost a 5-4 home game July 8 to the Atlanta Braves. The real loser, though, was Set Free Ministries, a recovery-based nonprofit in El Cajon that protested Out at the Park, a pre-Pride GLBT group outing to Petco Park, where the Gay Men’s Chorus of San Diego was scheduled to sing the national anthem.
The group walked out on its contract to fill 42 concession jobs for the Padres’ game, and it forfeited $1,680, or 5 percent of its monthly budget.
The official crowd count of 41,086 fans who attended the game suggests that Set Free Ministries’ rally did not deter fans from attending. Ticket sales were less than a thousand seats short of the 42,685-seat maximum, the Padres’ Web site said.
Set Free Ministries told The San Diego Union-Tribune that it was upset because the 1,000 GLBT fans were attending the game on the same night that children 14 and under were to be given a free floppy hat as part of a Padres’ promotion for kids. Set Free said it felt that San Diego Pride shouldn’t be allowed to have a group at a game while the Padres try to recruit underage fans.
Set Free’s approximately 75 anti-gay protestors wore red T-shirts with “Save Our Kids” and “Protesting Gay Group Buying Tickets On Kids Day” emblazoned on them. They carried signs that read “Homo Sex Is Sin,” cited Bible verses and handed flyers to fans at the gate, where “ex-gay” City Council District 3 candidate James Hartline encouraged people to turn around and go home.
Various GLBT people and supporters rallied around the anti-gay protestors holding signs with symbols of love and phrases such as “End Homophobia.” At one point, one anti-gay and one pro-gay protestor met face-to-face and exchanged heated words.
Fanning the flames
Four San Diego firefighters filed a complaint saying their superiors forced them to ride in the Pride parade and that they were sexually harassed via taunts, obscene gestures and lewd behavior during the procession.
The firefighters, who man Station 5 located in the heart of Hillcrest, said, despite wearing headsets, they heard onlookers shouting “I want to see your fire hose,” “Blow my hose,” “Put out my fire,” “You’re making me hot,” “I have difficulty breathing, give me mouth to mouth.”
Brian Rooney with the Thomas More Law Center, a Christian nonprofit representing the firefighters, used the opportunity to take a stab at Fire Chief Tracy Jarman’s sexuality.
“Obviously the environment at the department has changed for the worse since Jarman has been appointed fire chief,” he said, referring to the fact that Jarman is a lesbian. “Participation should be a voluntary act – these four firefighters had no choice in the matter, and that is wrong, no matter what one’s sexual orientation.”
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San Diego Pride Executive Director Ron deHarte briefs media on the Set Free Ministries protest of Out at the Park
As a result of the complaints, the fire department revised its policy requiring firefighters to participate in local parades. The new policy will not require anyone to participate in a parade if they do not want to, said a spokesperson for the department.
In the end, the firefighters were granted the right to sue the San Diego Fire Department, but the real disappointment is that the department settled.
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