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GAY CITY NEWS 1-5-11

GAY CITY NEWS 1-5-11

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Published by: COMMUNITYMEDIA on Jan 13, 2011
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01/13/2011

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 YOUR FREELGBTQ NEWSPAPER
© GAY CITY NEWS 2010 COMMUNITY MEDIA, LLC, ALL RIGHTS RESERVED
SERVING GAY, LESBIAN, BI AND TRANSGENDERED NEW YORK • WWW.GAYCITYNEWS.COM
 AMERICA’S LARGEST CIRCULATION GAY AND LESBIAN NEWSPAPER!
Gay City
NEWSNEWS
TM
JANUARY 5-18, 2011VOLUME TEN, ISSUE 1
BY DUNCAN OSBORNE
E
dward Esposito, the Essex County Sheriff’s Office detective who shot and killed an unarmedDeFarra Gaymon in Newark’s BranchBrook Park last July may have beeninvolved in at least three 2009 public sex arrests that also turned violent.Following the shooting, Garden StateEquality, New Jersey’s statewide gay lobbying group, made an open recordsrequest to the Sheriff’s Office seekingdocuments related to alleged “sexualconduct” in Essex County parks from2005 to mid-2010. The office released records on 167arrests or investigations, with 148 of those occurring in Branch Brook Park or South Mountain Reservation, which islocated in West Orange, Maplewood, andMillburn. Of the 148, 130 were arrests of men who may have been cruising for sex or, in some cases, were observed havingsex with other men. While information that identifiesthe defendants or undercover officers was redacted, Esposito’s name was not  blacked out in a July 22, 2009 record. Inthat case, Esposito arrested a 41-year-old man for criminal sexual contact,resisting arrest, and aggravated assault on a police officer in South MountainReservation. According to the report, the man walked up to Esposito and “reached out  with his right hand and pulled my penisthrough my pants while he stated ‘nice.’” This occurred without any conversationor prompting. The man pushed Esposi-to and fled when the detective identifiedhimself, according to the official account. When caught, the man punched Esposi-to in the chest.On August 18, 2009, a 48-year-oldman was charged with criminal sexualcontact, resisting arrest, and aggravat-ed assault on a police officer in SouthMountain Reservation after he “began to
Past Violent Arrests by Officerin Newark Cruising Killing
NEWARK P. 8
COMPAGNIE PHILIPPE SAIRE PRESENTS “LONESOME COWBOY” AT THE JOYCE THEATER IN CHELSEA JANUARY 6-9.
HUMAN RIGHTS
Human Rights Watch ScorchesIran Over Anti-Gay Violence
BY DOUG IRELAND
 T 
he Islamic Republic of Iran’s vicious campaign to eradicatehomosexuality and render itshomosexuals invisible has received a major blow with a new report from the world’s most prestigious human rightsorganization, Human Rights Watch(HRW). The 104-page report, entitled “‘We Are a Buried Generation’: Discrimina-tion and Violence against Sexual Minori-ties in Iran,” was issued December 15 by HRW, which has its headquarters inNew York and operates on an annual budget of some $45 million with a staff of 275 working in 40 countries. The report, based on 125 interviews,notes that Iran “bans same-sex conduct regardless of whether it is consensualin nature. The very real threat of pros-ecution and the serious punishment that awaits those convicted of same-sex crimes constitute discrimination against 
IRAN P. 6
PROVINCES OFMASCULINITYP. 15
PROP 8 PUNT, FOR NOW
US appeals court says state bench governs standing
3
—————————————————
OBAMA’S GAY DAY
Hundreds cheer aspresident signs repeal law 
4
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THE YEAR IN FILM
Steve Erickson offers hisassessment of 2010’s top 10
16
In this issue:
   P   H   I   L   I   P   P   E   S   A   I   R   E
 
2
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5 – 18
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5 - 18
 JAN
2011
Prop 8 Heads Back to Cal. Supremes
Ninth Circuit panel punts on question of Proponents’ standing to appeal
Legal
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BY ARTHUR S. LEONARD
 T 
he 9th US Circuit Court panelconsidering the appeal of last  year’s ruling by now-retired Dis-trict Judge Vaughn Walker that struck down California Proposition 8 on thegrounds that it violates the US Consti-tution’s 14th Amendment issued tworulings on January 4 regarding criticalissues of standing.In one ruling, the court referred a question to the California SupremeCourt as to whether the Official Propo-nents of the successful 2008 voter initia-tive have the particularized interest nec-essary to give them standing to appeal Walker’s ruling or, alternatively, statelaw authority to represent California indefending a constitutional provision they proposed and voters accepted.In its other ruling, the panel concludedthat neither Imperial County, its Boardof Supervisors, nor its deputy clerk havestanding to appeal. That ruling affirmed Walker’s decision at the trial stage todeny Imperial’s motion to intervene.Debates about standing likely seemarcane to most people interested in theoutcome of this vital litigation, but in fact the issues involved are crucial. The panelnoted that if the Proponents do not havestanding, the effort to appeal Walker’sruling is at an end. None of the namedpublic officials in the case — the gover-nor, attorney general, and state officialscharged with administering the marriagelaws — defended Prop 8 before Walker,and none has appealed his ruling.Both January 4 rulings were issued on behalf of the entire panel and not attrib-uted to any single member.In a separate opinion, Judge StephenReinhardt, one of the three panel mem- bers, explained why he had denied a motion by the appellants that he recusehimself from the case due to his wife’srole as the executive director of the American Civil Liberties Union of South-ern California. The most pressing immediately beforethe appeals panel is whether the OfficialProponents, who represent the Protect-Marriage.Com—Yes on 8 campaign that prevailed in the 2008 ballot fight, havestanding to mount their appeal. In a 1997 pronouncement in a lawsuit chal-lenging an Arizona constitutional amend-ment requiring that all state business beconducted in English — passed by vot-ers over the opposition of leading stateofficials, who then refused to defend it in the courts — the US Supreme Court observed that state ballot initiative pro-ponents do not enjoy such standing inthe absence of authorization under statelaw or what is known as a particular-ized interest as individuals that would beaffected by the outcome of a lawsuit. The 9th Circuit panel pointed out thethorny issue raised by this legal ques-tion: If an initiative is passed over theopposition of state officials and thenchallenged successfully in federal court,those officials would have an effective veto over the ballot question’s passage by refusing to appeal — unless its propo-nents are allowed to step in.Charles Cooper, arguing on behalf of the Proponents before the panel last month, made that argument force-fully. He also argued that the California Supreme Court had earlier answered thequestion by allowing the Proponents to
PROP 8
,
continued on
p.27
“It is not clear whether the governor may achieve through a refusal tolitigate what he may not do directly:effectively veto the initiative.”

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