Texas Judge Recognizes Same-Sex Common Law Marriage In Historic Ruling

A Texas probate judge recognized a common law marriage between two women this week, granting that the women were in fact legal spouses and defying objections from the state attorney general in the process. The ruling is a historic first for the Lone Star State.

On Tuesday, Travis County Probate Judge Guy Herman approved an agreement between Sonemaly Phrasavath and the family of her late partner, Stella Powell, who died of colon cancer in 2014, to split Powell’s assets. The ruling simultaneously recognized the couple’s common law marriage, the Houston Chronicle first reported.

Brian Thompson, attorney for Phrasavath, told The Huffington Post that his client can finally move on with her life with this critical ruling.

“Sonemaly is pleased that Judge Herman’s ruling acknowledges her marriage to Stella Powell and allows her to move forward from the tragedy of losing her wife,” Thompson said. 

Phrasavath and Powell met in 2004 and were married in 2008 in Texas — long before the Supreme Court’s June ruling that legalized same-sex marriage in all 50 states and ended the bans in states like Texas. When Powell died in 2014, a legal battle began between Phrasavath and Powell’s family over her deceased partner’s estate.

In Texas, a common law marriage is legally valid and includes the same rights enjoyed in other marriages, given that the adult couple agrees to marry, lives together for an indeterminate time and communicates to other people that they are, in fact, a married couple. The Houston Chronicle adds that, in 2008, Phrasavath and Powell also held a marriage ceremony with a Zen Buddhist priest in the state.

However, because same-sex marriage was still banned at the time, Powell’s family argued that Phrasavath had no right to Powell’s estate. But Herman ruled in 2014 that Phrasavath was entitled to her partner’s estate because Texas’ same-sex marriage ban was in violation of the couple’s constitutional rights.

State Attorney General Ken Paxton disagreed with Herman, intervened in the case, and struck down the judge’s ruling as unconstitutional in 2014. This year, two months after the historic SCOTUS ruling on same-sex marriage, Paxton filed a motion in Travis County probate court to block Phrasavath from receiving any funds from her partner’s estate. He argued that because same-sex marriage was illegal during the entire course of the women’s relationship, it wasn’t relevant that same-sex marriage is now legal in Texas and across the nation.

“Phrasavath asks the court to reach back in time and declare that a relationship that at all points of existence could not have been a valid marriage under Texas law is now — over a year after the death of one spouse — a valid informal marriage under Texas law,” the attorney general’s motion reads. “The court should not rewind history and supplant statutory requirements to establish as valid what state law at the time foreclosed as invalid.”

But this week, that’s just what Judge Herman did, approving a settlement agreement between the Powell family and Phrasavath. Herman also removed Paxton from the case, arguing that the state no longer had a role to play in the dispute.

While the issue appears to be settled, Cynthia Meyer, spokeswoman for the state attorney general, told The Huffington Post that the office is still evaluating its options on any future steps to be taken against Herman’s ruling.

“It’s important that the state’s interests in constitutional issues be represented,” Meyer said. “This ruling could create confusion by potentially leading to the reopening of past probate cases long finalized, in the process creating new conflicts between families and surviving domestic partners.”

Thompson called Paxton’s efforts to interfere in the case “shameless and desperate” and said his client remains disappointed in the attorney general’s office for pursuing this case months after the historic SCOTUS ruling. “Attorney General Ken Paxton continues to disregard the law and spend the hard-earned tax dollars of Texans to finance his mean-spirited campaign against Texas’s same-sex families,” he said.

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Actress-model Patricia Velasquez tells GSN about life since coming out as a lesbian

Patricia Velasquez knows what it’s like to be the world’s first Latina supermodel.

She knows what it’s like to be featured in the swimsuit edition of Sports Illustrated, to walk down the runway at major fashion shows around the world, and to appear in a big box office movie (The Mummy) and its sequel.

What the Venezuelan beauty did not know until earlier this year was how the world would react once it found that she is a lesbian.

‘The reaction and support has been phenomenal,’ Velasquez tells Gay Star News. ‘There’s never really been a Hispanic woman from my side say, “Yes, I am gay.”‘

Velásquez, 44, made this revelation in her memoir, Straight Walk, in which she shares with readers how her relationship with Sandra Bernhard made her realize she was a lesbian.

‘I’ve had a great career and I fight for so many causes but somebody wrote after the book came out that probably my biggest contribution to humankind has been this book and my coming out,’ she says.

‘It definitely has been a source of inspiration for a lot of people. When I wrote the book I felt like if I could help one person, then that’s it I’ve done the job and it seems that there has been hundreds of people. It’s been a beautiful, beautiful, beautiful life.’

In writing the book, Velasquez admits she ‘of course’ had worries that coming out would be harmful to her career.

‘I used to model before for many, many years for the likes of Victoria Secret and Sports Illustrated and it’s almost like I felt like I was going to betray the men who had been so supportive throughout the years,’ she says.

‘But finally, we have to lead by example. This is the best contribution I can give to the world and that’s why I decided to do it.’

Velasquez’s coming out comes at a time that she is enjoying acclaim on the film festival circuit for her lead performance as a former model dying of cancer in Liz in September.

The film is based on the classic lesbian play, Last Summer at Bluefish Cove, and directed by Venezuelan director Fina Torres (Woman on Top).

It was released on DVD by Wolfe Video in the US this month and screen’s twice this weekend at Cinema Diverse, the Palm Springs LGBTQ Film Festival.

The post Actress-model Patricia Velasquez tells GSN about life since coming out as a lesbian appeared first on Gay Star News.

Greg Hernandez

www.gaystarnews.com/article/actress-model-patricia-velasquez-tells-gsn-about-life-since-coming-out-as-a-lesbian/

Amanda Simpson Advances As The Highest Ranking Openly Transgender Official In The U.S., Ever

President Obama gave Amanda Simpson a worthy (not to mention wordy) promotion from Executive Director of the U.S. Army Office of Energy Initiatives to Deputy Assistant Secretary of Defense for Operational Energy.

Related: Obama Has Just Nominated The First Openly Gay Service Secretary To Lead The Army

In 2010, she made history as the first openly trans woman to be appointed by the Obama (or any) administration. Now she has achieved another milestone in a series of firsts.

When Simpson was transitioning, she worked for defense contractor Raytheon and had clients such as the Air Force and the Navy. In an interview with R29, she recalls that when news spread that some upper management suggested she be moved off to other activities, her defense contacts insisted they didn’t care whether she wore “slacks or a dress” and that she remain in her role.

“And, this was coming from people with stars, bars, and little birdies on their shoulders. They understood that it’s all about the ability to do the job,” she said.

Related: These Ladies In The Streets Marked The First Transgender Uprising In The U.S. Back In 1966

Simpson’s new gig arrives the same day as news that President Obama will nominate Pentagon official Eric Fanning to lead the Army, potentially making him the first openly gay civilian secretary of a military service.

As far as LGBTQ representation in the federal government goes, it’s quite the day. We just never would have expected such a rapid leadership rise within the defense department of all places.

Dan Tracer

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Marriage Contract Bill Defeated in Alabama

A bill to abolish marriage licenses in Alabama and replace them with contracts died Tuesday night after it didn’t get enough votes in the sourthern state’s House of Representatives. 

The bill, which was designed to address the concerns of some probate judges about issuing licenses to same-sex couples, won a simple majority of votes in the House, 53-36, but not the required two-thirds majority, reports AL.com, a site for several Alabama newspapers. The two-thirds majority was required because the bill was not included in the governor’s call for the current special legislative session. Gov. Robert Bentley convened the session to deal with a budget shortfall.

County probate judges are responsible for issuing marriage licenses in Alabama. The bill would have changed state law so that the judges would not issue licenses but merely record a contract signed by the two people marrying, in the same way that judges record deeds. 

More than half a dozen probate judges, out of the state’s 67 counties, have resisted issuing marriage licenses to same-sex couples since the U.S. Supreme Court’s marriage equality ruling in June. One of them, Nick Williams of Washington County, has even asked the state Supreme Court for permission to abstain from signing marriage licenses for same-sex couples, as he calls the documents “a license to engage in sodomy.”

Some members of the legislature, however, believed changing the procedure would probably not satisfy judges who are opposed to marriage equality. “What is the difference between handing me a piece of paper for a license versus accepting a piece of paper from me for a marriage contract?” said Rep. Patricia Todd, the first openly gay Alabama legislator, according to AL.com.

The bill had passed the Senate Monday by a vote of 26-2. A similar bill died earlier this year in the legislature’s most recent regular session.

Raffy Ermac

www.advocate.com/marriage-equality/2015/9/18/marriage-contract-bill-defeated-alabama

Openly gay man nominated by Obama to be US Secretary of the Army

President Barack Obama made history on Friday (18 January) by nominating an openly gay man to be the next US Secretary of the Navy.

Eric Fanning, 47, has had Defense Department jobs spanning several military branches. He has served as Air Force under secretary, deputy under secretary of the Navy and deputy chief management officer of the Navy.

He most recently been acting under secretary of the Army and is a close civilian adviser to Defense Secretary Ashton B. Carter.

Fanning would be the first openly gay head of any service in the military if he is confirmed by the US Senate. He is already the highest ranking openly gay member of the Department of Defense.

‘Eric brings many years of proven experience and exceptional leadership to this new role,’ Obama said in a statement. ‘I look forward to working with Eric to keep our Army the very best in the world.’

OutServe-SLDN, a network of LGBTI military personnel, praised Obama for the appointment of Fanning.

‘Having an openly gay individual in high level positions within the Department of Defense helps to set the tone at the top and provides an opportunity to bring better understanding about both the shared and the unique needs of LGBT individuals in the military and their families,’ said
OutServe-SLDN Interim Executive Director Matt Thorn.

Human Rights Campaign President Chad Griffin said Fanning’s nomination ‘is a sign of hope and a demonstration of continued progress toward fairness and equality in our nation’s armed forces.’

Fanning’s appointment comes four years after the end of Don’t Ask Don’t Tell, the policy that prevented gay and lesbian service members from being open about their sexual orientation. but because he is a civilian, Fanning was never subject to the policy.

The post Openly gay man nominated by Obama to be US Secretary of the Army appeared first on Gay Star News.

Greg Hernandez

www.gaystarnews.com/article/openly-gay-man-nominated-by-obama-to-be-us-secretary-of-the-army/

Obama Has Just Nominated The First Openly Gay Service Secretary To Lead The Army

In a history-making move, President Obama will nominate Eric Fanning to lead the Army, potentially making him the first openly gay civilian secretary of a military service.

The Washington Post reports that Fanning’s nomination is part of an increasing trend that finds The White House working to advance the rights of gays and lesbians in the federal government.

Related: Obama Nominates Eric Fanning, Openly Gay Man, As Under Secretary Of The Air Force

The move comes on the heels of the Obama administration providing health benefits to same-sex partners of federal employees, appointing gay men and women to the executive and federal bench, and ending an 18-year ban on gays serving openly in the military.

For over 25 years, Fanning has specialized on defense and national security issues in a career that spans over 25 years in Congress and the Pentagon. If confirmed by the Senate, he’d be working alongside Gen. Mark Milley — who became the Army’s top general last month — assuming responsibility for what The Washington Post calls “the Pentagon’s largest and most troubled service.”

Related: Meet the New Openly Gay Under Secretary of the U.S. Air Force, Eric Fanning

In a statement, Obama said, “Eric brings many years of proven experience and exceptional leadership to this new role. I look forward to working with Eric to keep our Army the very best in the world.”

According to Rudy de Leon, deputy defense secretary during the Clinton administration, “He understands how the Pentagon works and how to get things done in the Pentagon. He knows what works and what doesn’t work. Eric is taking over at a critical time for the Army. The Army is still living off equipment from the Reagan years.”

Derek de Koff

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President Obama Nominates First-Ever Out Gay Man for Army Secretary

The White House announced today that President Obama has nominated openly gay defense official Eric Fanning for the position of Army Secretary.

Fanning, who is currently under secretary of Army, will be the first openly gay person to serve as the head of a civilian aspect of a military service if the Senate votes to confirm him,  reports The Washington Blade. President Obama said in a public statement that he believes Fanning will bring years of experience to the position if confirmed:

“Eric brings many years of proven experience and exceptional leadership to this new role. I am grateful for his commitment to our men and women in uniform, and I am confident he will help lead America’s Soldiers with distinction. I look forward to working with Eric to keep our Army the very best in the world.”

Fanning previously worked in several positions at the Pentagon throughout Obama’s administration including deputy under secretary of the Navy, under secretary of the Air Force and Pentagon chief of staff. Fanning’s potential confirmation proves beneficial for the LGBT community as Fanning is a staunch supporter of open transgender service members and adding  sexual orientation to the Military Equal Opportunity policy.

President Obama continues to appoint prominent members of the LGBT community to various positions within his administration, including recently appointing a transgender woman to the Office of Presidential Personnel last month.

The post President Obama Nominates First-Ever Out Gay Man for Army Secretary appeared first on Towleroad.

Anthony Costello

President Obama Nominates First-Ever Out Gay Man for Army Secretary

Guess How This Gay Couple Responded When Asked to Stop Kissing

After a Fayetteville, N.C., bar owner asked Dustin Baker and Andrew Deras to “separate” after they gave each other a “peck,” the men followed it up with a laughter … and another kiss.

“I just gave Andrew a kiss,” Baker told local TV station WRAL, “and that’s when she started getting really crazy. She’s saying, ‘This is enough. This is enough,’ like basically telling us to get out.”

Pam Griffin, the owner of Louie’s Sports Pub, stands by her decision to remove Baker and Deras. Initially, “I walked up to them calmly,” she said. “I asked them guys, you know, can you kind of just separate, kind of move apart? I don’t care if you stay and drink. We don’t need to be doing that, and just calm down because you’re making people feel uncomfortable.”

Baker and Deras didn’t feel like complying, especially since they say their initial display of affection was a two-second-long peck. After kissing again and seeing Griffin lose it, the men paid their bill and left.

Griffin said she didn’t care that the men were gay; she gave a similar admonition to a heterosexual couple at the bar recently, she told WRAL. But not everyone is convinced she wasn’t being homophobic, and she’s received blowback on social media from around the nation. 

Neal Broverman

www.advocate.com/crime/2015/9/18/guess-how-gay-couple-responded-when-asked-stop-kissing

An Interview With Queer Activist and Artist Ryan Wilks

Kansas City, like many cities in the Midwest, is in the midst of a blossoming of queer art and culture. Ryan Wilks, a painter born and raised in the region, is focusing on this evolution with his newest project, a series of portraits and interviews called “Gender Treason.” When I came across Ryan’s story, I knew it was something I had to share. While it’s wonderful that a lot of queer media focuses on the great things going on in big cities, there is far too little attention paid to the smaller communities, many of which are still experiencing serious growing pains.

Take a look at why Ryan had to say about “Gender Treason,” his experiences a part of the queer community of Kansas City, and how his circumstances have contributed to him growing as an artist.

When you first started making art, what kind of pieces were you making?

I was painting my female friends, because I was always really fascinated with femininity and I was surrounded by beautiful women. I started with that, and then as time went on I started painting other women, Vogue images, and stuff like that. It didn’t really have any context to it at all; it took a long time to find my voice in my painting.

What is the most surprising commonality between the queer community in Kansas City and the queer community in other cities you’ve lived like Chicago and San Francisco?

I think there are a lot of similarities in the queer culture of Kansas City to both of those places, in that there’s a lot of partying. Generally what I’ve experienced in gay culture has been partying. Especially in the Midwest, bars are one of the few places we as queer people can gather, so a lot of social interactions as gay men take place at a bar. The pride is similar too — the self loathing I experienced as a young man is definitely lifting, especially in San Francisco.

When you first began to envision how you were going to put together “Gender Treason,” did you know that you wanted to include interviews along with your portraits?

I did. I wanted to have a narrative with the paiting, so that I could allow people to stare into the eyes of a subject, and then couple that with their story to create a more intimate interaction with the piece. However, I didn’t know how I was going to go about framing the interviews. Something I’ve learned at this point in the project is that I cant have any premeditated questions. It has to being with simply stating, “Tell me about your queer experience in Kansas City.” From there I’m able to navigate and ask questions that I think are not typically asked questions. I think a lot of times people ask questions, especially to trans people, that centralize around their sexuality and genitalia, which is not a great way to learn about a people. I like to talk to them about what it’s like to transition, how they feel, what that process has been like for them and how liberating it has been. I like to focus on the positives, because queer people have been demonized and sexualized in the media to a degree that there isn’t really any normalized perception of queer people. This project, more than anything, is allowing that normality to be shown.

Do you think you would have had the drive to put together a project like “Gender Treason” in any other place you’ve lived?

Kansas City is part of the core idea. I don’t think I would have done this project had I still been living in San Francisco, because there wasn’t really a need for it. People there are pretty open minded, and they don’t really care what other people do. When I moved back to Kansas City, I felt small again. I felt like I was put back into that box that I tried so hard to get out of by moving to San Francisco and moving to Chicago. I was put back in a culture where holding hands with a partner might be dangerous, or a hate crime might happen outside a bar again. These are very real fears living in this area, and in a lot of the Midwest. Kansas City is relatively progressive, it’s the 30 miles outside of Kansas City that can be almost threatening to queer people.

What’s something you don’t think that many queer people from bigger cities understand about being queer in a smaller, more “bible belt” community?

I think people in larger cities probably have the opinion of queer people in the Midwest that they are surrounded by narrow-mindedness or having a bigger struggle. That’s true, but there are beautiful things happening in a lot of cities, like St. Louis and Kansas City — even Denver. There is a cultivation of acceptance happening. We have a lot of really positive representation within the queer communities, and it’s just starting to trickle out to the outer areas. There’s a lot of progress being made, but in the Midwest we are largely playing catch-up.

Back in 2014 you were involved in planning a protest of the Kansas State House Bill 2453, which was a bill that essentially allowed legal discrimination based on perceived sexual orientation. What was it like protesting on the side of queer rights in Topeka?

It was terrifying and exhilarating and liberating. We had a couple hundred people show up, and they all had signs and were voicing their opposition to this bill. It was really important — we did it on the stoop of City Hall, and it was important to have visibility in front of the people making the decision so that they could see that there really were people that were affected by that bill in a frightening and negative way. We had people come down from DC to help organize the protest, and we wound up on tons of news channels — it was great to be a part of something that became bigger than just a Facebook post, and it was wonderful to be able to really use our voices.

You’ve said in previous interviews that you moved back to Kansas City because you felt like it was something you needed to do. How did the move affect your art? Did you already have the kernel of the idea of “Gender Treason” before you moved back?

I had no idea where my art was headed when I made the decision to move back to Kansas City. I decided to move back because I felt a deep calling to create in a city where the arts scene was booming, and it seemed like a soft place to start. Because the arts community in Kansas City is accelerating at such a quick rate, I knew I didn’t have to leave the Midwest to make a name for myself and create art that has substance and meaning, and really made a difference. I didn’t know what kind of art that would be, so for a while I was creating art and having shows that benefited charities. I wasn’t quite at a point where I could make a statement with my art, but I wanted to do something good with my art so many of my shows since I’ve been back have had portions of their proceeds go to charities. I had a show at LIKEME Lighthouse, a really great queer resource center, and was able to donate a good amount of money to them which felt really good. It wasn’t until I started working on “Gender Treason” that I realized that my art could be the gift, too.

What’s your favorite part of the queer community in Kansas City?

I love that literally every kind of queer person on the spectrum that could possibly exist does within Kansas City’s walls. It’s a really diverse, amazing community. Along with that there is a lot of separation, just like there is in the bigger cities, but the sense of community is different. I’ve seen a lot of people move to Kansas City seeking refuge from small towns or suburban life, and they find it. It really is a good place to live, it just still has work to be done. In the state of Missouri, there is no legal protection against employee discrimination for queer people, no protection against discrimination in public accommodations, no laws protecting against anti-gay bullying in our school systems and no protections for trans residents from insurance exclusion. Missouri as a whole has a lot of work to do in creating a safe space for queer people. You can legitimately be fired from a job in Missouri because your boss doesn’t like that you’re gay, and that’s it. I’ve met people at some of the jobs I’ve had who knew our boss had issues with gay people, and kept their sexuality secret to avoid being fired.

How do you envision “Gender Treason” impacting its viewers?

I’d like people to come away from it with an understanding of the normality of queer existence, and the relatability of our human experience. We are normal people, and we go through different avenues for self realization, and that something every human being has to go through — we just channel it differently.

For more about Ryan, check out his website , and to learn more about how you can contribute to”Gender Treason,” click here.

— This feed and its contents are the property of The Huffington Post, and use is subject to our terms. It may be used for personal consumption, but may not be distributed on a website.

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REVIEW: L’Ecusson – Beaune, Burgundy

Beaune is one of the main towns within the iconic French wine region of Burgundy.

Burgundy is truly a gastronomic destination and the attractive town of Beaune has an impressive range of restaurants to choose from.

One of the best is L’Ecusson.

This was modern, impressive food.

We started with an amuse bouche of fresh cantaloupe gazpacho; followed by black tiger prawns for entree; Sea Bream for main; a cheese course of course; and finishing with a dessert of macaron, citron cream, a tuile biscuit, and a lemon sorbet. Spectacular.

Service was professional and friendly – our basic restaurant French was thankfully received with a smile, although our waitress helpfully also spoke English if required.

Highly recommended.

Read more from Gareth Johnson

Read more restaurant reviews

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Gareth Johnson

www.gaystarnews.com/article/review-lecusson-beaune-burgundy/