Tag Archives: Gay Rights

Gandhi, Rustin, Tolstoy, Civil Rights & MLK, Martin Luther King Day

Martin Luther King Day

Today is Martin Luther King Day, celebrated on the third Monday in January since 1986 (Reagan agreed it in 1983), his birthday was on the 15th. Born in 1929 to a pastor and a schoolteacher, he himself became a Baptist minister and advocate for African American equality and social justice from the 1950s through to his 1968 assassination. He was instrumental in the bringing in of the 1964 Civil Rights Act and 1965 Voting Rights Act. He was awarded the Nobel Peace Prize in 1964.

Mahatma Gandhi & Non-Violence

King was inspired by the Hindu lawyer and campaigner for rights in South Africa and India, Mahatma Gandhi, and his principles of non-violent resistance and civil disobedience over and against armed uprising. Gandhi was also an advocate of religious tolerance but was in the end also assassinated, in 1948, by a Hindu nationalist. King managed to visit India in 1959.

Gandhi had succeeded in the 1920s in uniting Muslims and Hindus against the common enemy of the British empire. Yet by the 1940s an independent Muslim nationalism led to the eventual division of India and creation of a separate Pakistan.

Some of Gandhi’s more extreme pacifist views included recommending that Britain openly yield to Hitler rather than defend itself, and that the Jews should have willingly surrendered to the Holocaust as an act of collective suicide. He did not support the idea of the state of Israel gained through violence or Zionism, but only as something within the gift of the Arabs to bring about peacefully.

Gandhi’s principles meshed with King’s own Christian principles, as he said, “Christ gave us the goals and Mahatma Gandhi the tactics.”

“Darkness cannot drive out darkness; only light can do that. Hate cannot drive out hate; only love can do that.”

Another early source that energized King was the Christian anarchist and novelist Leo Tolstoy, who was also an influence on Gandhi.

Bayard Rustin, Gay Communist

Bayard Rustin was a sometime adviser to Martin Luther King and had also visited India, in 1948, not long after Gandhi’s assassination. He shared both Gandhi and King’s principles of non-violence. King’s involvement with him was discouraged by others due to Rustin’s former membership of the Communist Party and his homosexuality, which King had little problem with.

Rustin later became a gay rights activist, in addition to his earlier civil rights campaigning. In 2013, President Barack Obama posthumously awarded the Presidential Medal of Freedom to Rustin.

Montgomery Bus Boycott

The journey towards civil rights was more of a bus route, with lots of stops and delays. Rustin had been beaten and arrested back in 1942 for sitting in the second row of a segregated bus.

Thirteen years later, in March 1955, 15 year-old school girl, Claudette Colvin refused to give up her bus seat to a white man on a in Montgomery bus. Due to Colvin’s unmarried and pregnant status the civil rights activists waited for a better test case and were rewarded with the defiance of the now famous Rosa Parks who was arrested later that year, in December, for also refusing to give up her seat.

The 13-month Montgomery Bus Boycott ensued, which whilst planned by others was publicly led by King, and resulted in his house being firebombed.

“All men are created equal”

The path to equality culminated in the quarter-million strong 1963 March on Washington for Jobs and Freedom, predominantly organised by Rustin. Despite its being unprecedented in size and diversity, it was boycotted itself by Malcolm X and the Nation of Islam for being too soft and sanitised, promoting peaceful harmony and integration rather than strength and independent identity.

The iconic “I have a dream” speech, much of which may have been improvised on the spot, includes the famous and inspirational line:

“I have a dream that one day this nation will rise up and live out the true meaning of its creed: ‘We hold these truths to be self-evident: that all men are created equal.'”

Whilst King, the Southern Christian Leadership Conference, and indeed the Nation of Islam, fought for black equal rights, the case for full civil equal rights for “all men” continues. LGBTI equality, for example, has been the focus of the last decade of legal progress in the USA, something that Rustin fought for until his death in 1987.

King’s Assassination and Death

King was ever the optimist, preaching love over hate, peace over war, forgiveness over resentment.

“I refuse to accept the view that mankind is so tragically bound to the starless midnight of racism and war that the bright daybreak of peace and brotherhood can never become a reality… I believe that unarmed truth and unconditional love will have the final word.”

It was a belief that may have cost him his life, and not a little opposition from other members of the civil rights movement. After President John F Kennedy was assassinated in 1963, King said to his wife, Coretta: “This is what is going to happen to me also. I keep telling you, this is a sick society.” Five years later, he did indeed suffer the same fate.

Black Lives Matter

Despite all the progress, the reality on the ground, is that black lives are still not considered equal. The last year or two has seen so many cases of unarmed black men being shot dead by American police officers that it is clear that stereotypes persist in the minds of many. 980 US citizens were shot dead in 2015 by police, 91 were unarmed and a disproportionate 37 of them were black.

“Our lives begin to end the day we become silent about things that matter.”

The laws may have changed half a century ago, but it is hearts and minds that still need to be won, in this generation and in every one that succeeds it. King may have been a pacifist, but he was not passive about change, and how it was to be accomplished:

“Human progress is neither automatic nor inevitable… Every step toward the goal of justice requires sacrifice, suffering, and struggle; the tireless exertions and passionate concern of dedicated individuals…Change does not roll in on the wheels of inevitability, but comes through continuous struggle. And so we must straighten our backs and work for our freedom.”

Let them Eat Cake unless it’s a Gay Cake as Christian Bakery refuses to bake Bert and Ernie Equal Marriage Cake for Belfast’s QueerSpace

Marriage in Northern Ireland is still “defined as being a union between one man and one woman” says NI Christian bakery company that refused to bake a “gay” Bert and Ernie queer cake and is taking “a stand” according to a trending BBC story.

[UPDATE: Bakery loses appeal against conviction for discrimination based upon the grounds of sexuality]

Queerspace logoIt seems that the cake request came from a volunteer LGBT activist from Belfast’s QueerSpace, as the cake design was to include their logo. QueerSpace is a “volunteer-led collective which has been serving the LGBT community of Belfast and Northern Ireland since 1998. It does this by raising LGBT visibility, supporting LGBT community activities and facilitating communication.”

QueerSpace Belfast Support Gay Marriage cakeThe cake was designed for their event to promote the International Day Against Homophobia as can be seen in the alternatively sourced cake that features prominently in several Facebook photos.

IDAHO(T) Day

The International Day Against Homophobia is celebrated each year on 17 May to combat homophobia and transphobia.

Sesame Street

Sesame Street Bert and Ernie LoveDescribed by Channel 4 News as “Sesame Street’s most sexually ambiguous couple”, Bert and Ernie have long been considered possibly, if not probably, gay.

The official Sesame Workshop position is that they are just “good friends”. In a 1993 statement they issued, it said:

“Bert and Ernie, who’ve been on Sesame Street for 25 years, do not portray a gay couple, and there are no plans for them to do so in the future. They are puppets, not humans.”

CEO Gary Knell in Sesame Street: A Celebration – 40 Years of Life on the Street, was a little more vague, hinting at sexual ambiguity as well as their sexual inability:

“They are not gay, they are not straight, they are puppets. They don’t exist below the waist.”

Sesame Street Bert and Ernie FriendsIn a 2011 statement it was reiterated that they “do not have a sexual orientation”.

This didn’t stop some Christians complaining that they represented a gay couple. Reverend Joseph Chambers on his radio show, in 1994, said:

“Bert and Ernie are two grown men sharing a house and a bedroom. They share clothes, eat and cook together and have blatantly effeminate characteristics. In one show Bert teaches Ernie how to sew. In another they tend plants together. If this isn’t meant to represent a homosexual union, I can’t imagine what it’s supposed to represent.”

Eric Jacobson, in a 2011 interview for Vanity Fair, said that Bert and Ernie were more “The Odd Couple” than a gay couple, if anything they emulated the close friendship of Jim Henson and Frank Oz.

All these assertions and denials, it makes one wonder, because we all know what hides behind denial, lol! 😉

Ashers Baking Company

Ashers Baking Company and its Christian founders and directors have taken their stand based upon their religious beliefs against a customer’s request to bake a pro-equal marriage cake. Whether the gay rights activist’s order was a test and if the bakery’s Christian views were well known beforehand is not clear. What is clear, is the law. Refusal of goods or services based upon someone’s actual or perceived sexuality is an offence. The Equality Commission wrote to the bakery saying that they had discriminated against the customer on the grounds of his sexual orientation and that they had seven days to recompense and “remedy [their] illegal discrimination” or end up in court.

According to a YouTube statement the company was named after Asher, one of the twelve tribes of Israel, recorded as having “gifted bakers” in it. It runs itself on what it perceives to be Biblical guidelines, not opening on Sundays either.

General Manager, Daniel McArthur, said of the customer order that:

“The directors and myself looked at it and considered it and thought that this order was at odds with our beliefs. It certainly was at odds with what the Bible teaches, and on the following Monday we rang the customer to let him know that we couldn’t take his order.”

It was not the first time the bakery had declined orders, McArthur, said they had also refused to bake cakes containing “pornographic images and offensive vile language”. They made no direct link between gay marriage and pornography but by offering up no other examples their statement makes a less than subtle and unfortunate, if not downright offensive, connection between the morality of pornography and homosexuality to some Christians.

Rev Andy Marshall, a Church of England priest, has written a fabulous piece pointing out Ashers’ biblical failings according to Leviticus and the New Testament. I mean what is a non-bearded man doing selling pork sausage rolls and then condemning dubious Levitical laws allegedly condemning homosexuality? Not to mention not representing the love and acceptance that Jesus showed towards ‘outsiders’, the oppressed and minorities. I can imagine Jesus being more likely to storm angrily into the bakery and upset their dough wielding a “whip of cords“.

Whilst Northern Ireland is the only part of the UK not to have passed a same-sex marriage law, this particular incident depends entirely on existing legislation prohibiting discrimination on the grounds of sexual orientation.

Northern Ireland and Devolved Equality -The Equality Commission

Unlike Wales and Scotland, anti-discrimination legislation is devolved in Northern Ireland has devolved anti-discrimination legislation, what this means is that whilst Wales and Scotland fully comply with the Equality Act (2010), Northern Ireland implements it incompletely, in its own way. The Northern Ireland Assembly, rather than the Westminster Parliament, is responsible for equalities law. Sections 73, 74 and 75 of the Northern Ireland Act (1998) established the Equality Commission for Northern Ireland and placed public sector bodies under an equivalent though not entirely identical to British Public Sector Equality Duty (PSED). Notably, pregnancy and gender identity/reassignement are not explicitly protected characteristics.

The Equality Commission for Northern Ireland has responsibility for enacting and enforcing the Employment Equality (Sexual Orientation) Regulations (NI) 2003 and the Equality Act (Sexual Orientation) Regulations (NI) 2006 acts. It is the latter regulations , which came into force in 2007, which make it unlawful to discriminate on the grounds of sexual orientation in the provision of, among other things, “goods, facilities or services”.

Equality Commission NI Logo

Whilst some religious organisations in Northern Ireland are exempt from the regulations, a bakery is a business, Christian-run or not, and as such must comply.

A Defence of Religions and Political Freedoms?

The Christian Institute, which is mounting their defence, disagrees and their director, Colin Hart said:

“All the McArthurs want is to run their bakery according to their Christian beliefs. There won’t be many situations where they need to turn down an order but this is obviously one of them. No one should be forced to use their creative skills to promote a cause which goes against their consciences.”

In an interview with the Daily Telegraph the initial story of which made front page news, Hart described this in apocalyptic terms:

“[It’s] a sign of things to come exactly as we predicted…. Now this nonsense, more usually associated with the public sector, is being applied to the private sector … This means millions of ordinary people who do not agree with gay marriage, face intimidation and the real threat of legal action from the forces of political correctness if they, out of conscience, decline to provide good or services to campaign groups they do not agree with or support. It establishes a dangerous precedent about the power of the state over an individual, or business to force them to go against their deeply held beliefs.”

Their defence will be based upon arguing that an equal marriage cake is a political campaign and that it is not discrimination to refuse to endorse a political position.

The issue has now made it to the UK Parliament with Prime Minister’s Question time (PMQs) raising the issue and David Cameron, knowing little about it, being challenged to defend religious freedom.

Burwell v Hobby Lobby Case

The case has some similarity with the recent SCOTUS (US Supreme Court) judgement on Burwell v Hobby Lobby in which despite a federal mandate to provide employee health coverage, Hobby Lobby’s owners, David and Barbara Green, refused to comply as they felt that 4 out of 20 of the health insurance registered contraceptive drugs were morning-after and week-after life terminating abortion pills, based upon their view of life beginning at conception. SCOTUS upheld their refusal by 5-4 and ruled in their favour with “important implications for over 50 pending lawsuits brought by non-profit religious organizations … also challenging the mandate”.

[An earlier version of this article first appeared here]

Image Credits

QueerSpace Belfast Support Gay Marriage public facebook photo
Equality Commission NI logo