Rod 2.0:Beta

Navy: There is "No Evidence to Suspect Hate Crime" in Torture and Killing of Black, Gay Sailor

And so it begins. Despite reporting anti-gay harassment for at least one year before his death, and ultimately being tortured and killed in a horrific manner, the Naval Criminal Investigative Service says the brutal killing of U.S. Navy Seaman August Provost III at Camp Pendleton was "a random act unrelated to the his sexuality."

"There is no evidence or information that suggests this is a hate crime," Capt. Matt Brown, director of public affairs for Navy Region Southwest, tells the UPI. "The military also couldn't confirm that Seaman August Provost was harassed in the days before he was killed, the San Diego Union-Tribune reported."

The family is outraged and says otherwise. Provost's sister says family members advised Provost—who had a boyfriend and was open about his sexuality on Facebook and MySpace—to "tell his supervisor" about the repeated homophobic harassment. And more confirmation plus chilling details in the Houston Chronicle: "Rose Roy of Beaumont said her nephew had complained a year before about being harassed for being gay. The Houston native was found dead Tuesday at Marine Corps Base Camp Pendleton, north of San Diego. Roy said the family was told that Provost was shot three times, had his hands and feet bound, his mouth gagged, and body burned."

Meanwhile, the political fallout begins. Democratic Rep. Bob Filner of suburban San Diego wants the Defense Department and Marine Corps to investigate whether the killing of the sailor was a hate crime. The powerful Veterans Affairs Committee Chairman will also hold hearings because he was at Pendleton "for over 5 hours the day of the murder and no one in the Navy thought it was important enough" to tell him, says San Diego Commissioner Stampp Corbin in a scathing op-ed. Corbin, who also is black and gay, slams anti-gay Republican Congressman Brian Bilbray, whose district includes Camp Pendleton, as "missing in action."

Corbin writes at SDNN: "Bilbray has not been a friend to the LGBT community and I have to wonder if his silence has to do with Provost being a gay sailor. I cannot imagine Bilbray ignoring the murder on the base for any other reason. The murder has taken place within Bilbray’s district, he is an avid supporter of the military, but he has said nothing, absolutely nothing about the Provost incident. Bilbray is also a member of the House Veterans’ Affairs Committee. So Bilbray is a murder at Camp Pendleton unimportant because you don’t like the victim? Are you embarrassed that your support of Don’t Ask, Don’t Tell creates a situation where gays and lesbians in the military, like Provost, may be hesitant to tell superiors of harassment because that would be 'telling?'"

NCIS has released the one person held and another "person of interest" is reportedly in custody. When will Naval Investigators charge someone with this brutal homicide? And how much longer will the military continue to pretend torture, shootings and firebombings are routine and "random acts" on United States military installations?

Related ...
Black Gay Sailor Killed, Hate Crime Suspected [R20]
Congressman Wants Investigation into Sailor Murder [R20]

Choklate's "Sun's Out/Grown Folks"

In case you've had enough of the Lil Wayne/BET drama—or other sounds that unfortunately pass for music nowadays—move on to something for the "Grown Folks."

"Sun's Out/Grown Folks" is the new track by Seattle-based Choklate (Twitter: @choklate) from her new album To Whom It May Concern. It's a great track. The sun is out, literally and figuratively. The song is jazzy, the lyrics are well-written, it's very soulful and the video is seventies retro and all positive imagery. Floetry meets Sunshine Anderson with a touch of Jill Scott.

AFTER THE JUMP, via the one and only internet sensation Jack E Brown (Twitter: @jackebrown) watch "Sun's Out/Grown Folks." Jasmyne Cannick has a cameo appearance, waving her hand Queen Elizabeth style. It's the perfect song for the holiday weekend.

Ted Olson and Judge Say Prop 8 Challenge Will Go to Supreme Court

Very encouraging developments to the federal challenge to Proposition 8 brought by high-profile attorneys Ted Olson and David Boies. The federal judge hearing the lawsuit seeking to overturn California's same-sex marriage ban says it will likely reach the U.S. Supreme Court. Olson agrees.

"'When it does get to the United States Supreme Court, we expect to win,'  Theodore Olson, who was solicitor general under former President George W. Bush, told reporters. A high court ruling potentially could trump state laws prohibiting same-sex unions. Five out of 50 U.S. states have legalized gay marriage, which opponents view as a threat to what they view as the traditional family. U.S. District Judge Vaughn Walker ... similarly predicted the closely watched proceedings in his courtroom were 'only a prelude to what happens later.' 'I'm reasonably sure given the issues involved and the personalities in this courtroom this case is only touching down in this court," Walker said. 'It will have a life after this court.' "

Yesterday was the first hearing—described as a "case management conference" by Law Dork— in Perry v. Schwarzenegger. The case was filed by two same-sex couples last month, only days before the state Supreme Court upheld Proposition 8. Judge Walker used the preliminary hearing to fast track the case. As expected, the judge sided with California Attorney General Jerry Brown and rejected a request by the Boies/Olson team to suspend enforcement of the gay marriage ban while challenge to proceeds.

The leading national gay rights legal groups initially did not support this legal challenge.  Last week, the American Civil Liberties Union, Lambda Legal and the National Center for Lesbian Rights filed amicus briefs to support the case.

(via @homopolitico)

Gay Marriage Case Will Go to Supreme Court [Reuters]
Judge Eyes Quick Action on Marriage Ban [AP]

Some Background ...
Judge Fast Tracks Olson/Boies Prop. 8 Challenge [R20]
California AG Brown: Prop 8 Violates 14th Amend [R20]
Challenge to Prop 8 Filed in Federal Court [R20]

WaPo's Kurtz: "Can Black Women Objectively Cover Michelle Obama?"

Washington Post columnist and media "reporter" Howard Kurtz continues to shock and awe with a lack of self-awareness in his latest column.

Kurtz reports on the number of black female reporters following First Lady Michelle Obama and admits that "no one raises questions when an Irish American male reporter covers a pol named Murph"  but yet still writes a two-page column asking, "Obama is a black woman from the South Side of Chicago [and] are the beat reporters inadvertently invested in her success?"

Rachel Swarns of the New York Times and The Washington Post's Robin Givhan were among those herded behind the rope Monday. They and the other main beat reporters -- Newsweek's Allison Samuels, Darlene Superville of the Associated Press and Politico's Nia-Malika Henderson -- have something in common: They are all African American women.

Perhaps this gives them a richer cultural understanding of Obama as a trailblazer. Indeed, most write with enthusiasm, in some cases even admiration, about the first lady as a long-awaited role model for black women. [...] Whether racial and gender identification produces a gauzier, more favorable portrayal of Obama is perhaps too early to judge.

Washington Post reporter Robin Givhan won the Pulitzer Prize in 2006, becoming the first fashion critic to do so. Kurtz, who has no Pulitzer, neglected to mention this data point.

Adam Serwer at Tapped: "You would never ever see a media critic like Kurtz questioning the ability of white men to cover other white men objectively, or for that matter the ability of white men to cover women or people of color, despite the fact that if newsroom coverage were to be affected, it would be by the prevailing cultural biases of the better represented population in the newsroom."

You will also never see media critic Howard Kurtz report on the scandal at his own newspaper after the publisher offered to sell "off-the-record" chats with reporters and Administration officials. Can rich, white, male corporate "reporters" "objectively" cover the nation's health and economic woes, Howie?

Pretty Ricky's "Spectacular" Grinding Pays Off, "Tipsy" is a Hit

The non-stop "grind" pays off for Spectacular, the lead singer (and body) for Pretty Ricky. The R&B boyband was dropped by Atlantic Records in May and now announces they will not pursue another major label deal due to the success of the independently-released single "Tipsy In Dis Club", according to the trades.

Radio Facts reports the single is "Number Two Most Added at R&R" and in heavy rotation at clubs "due to the group’s grassroots marketing approach and the support of their loyal fan base." No doubt, that "grassroots marketing approach" included Spectacular's blockbuster YouTube, where he stripped down to tight salmon briefs and challenged Chris Brown, Bow Wow and other male teen idols to a "grind off."

After denying the video was homoerotic—really?—and insisting the content was "for the ladies only", Spectacular returned to the YouTubes for another strip show, this time in tight boxer briefs. Both videos featured Sexy Spec stripping to "Tipsy" as the song and videos went viral.

AFTER THE JUMP, watch the "grassroots marketing approach" as demonstrated by Sexy Spec (Twitter: IamSpectacular). Both videos are included and the denial. Spec can chart his future as as a gogo boy or an e-marketing hotshot. Or both. Does the song's success mean Spectacular will not be tempted to take that $100,000 to pose nude for Flavamen (nsfw)? We shall see ...

Congressman Wants Investigation into Murder of Black Gay Sailor

Very disturbing developments in the case of August Provost, the 29-year-old black gay sailor found dead at Camp Pendleton. A Southern California congressman confirms the deceased was gay and killed in a horrific manner, and is calling for congressional and Defense Department investigations.

The body of the Houston seaman was discovered in a guard shack at about 3 a.m. Tuesday morning. The autopsy was concluded today but the initial indications are that Provost was shot and his body burned, the Los Angeles Times reports, quoting Rep. Bob Filner of suburban San Diego. Filner asked the U.S. Department of Defense and the Marine Corps to investigate whether the killing of the sailor was a hate crime. Filner, chairman of the House Veterans Affairs Committee, wants "a complete investigation of circumstances" surrounding the death of the sailor and says his committee will also hold hearings.

A "person of interest" continues to be held in the Navy brig at Marine Corps Air Station Miramar. No charges have been filed.

Provost's boyfriend, Kaether Cordero, tells the Union-Tribune that Provost was openly gay. "People who he was friends with, I knew that they knew. He didn't care that they knew. He trusted them." As Rod 2.0 broke last night, Provost recently complained to family that he was being harassed by fellow servicemen. The newspaper confirms this: "They advised him to tell his supervisor, said his sister, Akalia. 'He's the type that if someone comes at him, he walks away. He never stands and argues,' she said. 'He didn't deserve anything but a good life.'"

The homicide of August Provost III came on the same day Defense Secretary Robert Gates claimed the Pentagon hoped to make "Don't Ask, Don't Tell" investigations—and attitudes toward gay and lesbian servicemembers—more "humane." How many more brave gay men and lesbians need to be attacked or killed before this horrible policy ends?

Related ...
Black Gay Sailor Killed, Hate Crime Suspected [R20]

Report: HHS Revises Caseload Data Due to HIV Travel Ban Rule

Politico publishes an interesting, behind-the-scenes report on the Obama Administration's decision to change HIV-related travel and immigration policy. The "Under the Radar" blog reports the Department of Health and Human Services "put forward and then retracted some scary-looking estimates of new HIV infections."

The new version of the proposal goes online today and Politico compares the two proposal. The revised data estimates the number of immigrants living in the U.S. with HIV after five years as 676. The original estimates the number after 20 years—a whopping 37,780 new HIV cases. "Calculating 20 years out obviously had made the cost higher, too ... over $952 million, or what critics could easily call 'nearly $1 billion.' "

Good thinking on the Administration's part, especially with the "health care" reform on the menu. Last thing we need are conservatives attempting to derail repealing the HIV travel ban because it would be "too expensive."

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India Decriminalizes Homosexuality

An impromptu rally in the streets of Mumbai as gay rights activists and gays celebrate a groundbreaking ruling by the Delhi High Court that decriminalizes homosexuality

The court repealed Section 377 of the Indian Penal Code that treated consensual gay sex as a crime . The justices wrote gays and lesbians were "denied moral full citizenship [as] Section 377 IPC grossly violates their right to privacy." The decision continues: "The Constitution of India recognises, protects and celebrates diversity. To stigmatise or to criminalise homosexuals only on account of their sexual orientation would be against the constitutional morality."

The decision is the first of its kind in India, which is the largest democracy in the world and the world's second most populous nation. The ruling applies only in New Delhi but is expected to have national implications. The decision will undoubtedly bring some much-needed freedom for gays in this deeply conservative country.

Anjali Goplan is executive director of the Naz Foundation, a sexual health organization, which filed the petition. Goplan says they could not have asked for more. "I think it is historic," she tells the Voice of America. "I think we have finally taken baby steps into the 21st century."

Naked Man on US Airways Flight Forces Pilot to Make Detour

In this morning's "wtf were they thinking?" news: A "mentally disturbed" New York City man strips naked, attempts to take a nap, and fights with the crew on a Los Angeles-bound US Airways jetliner.

The outburst with 50-year-old Keith Wright happened on US Airways Flight 705, which was heading from Charlotte to LA. A flight attendant asked Wright, a Navy vet, to put his clothes back on. "She covered him with a blanket and he took that off" before Wright "punched and kicked the flight attendant", the LA Times reports. Wright was subdued by the passenger who took this picture and an off-duty Los Angeles police officer onboard. The jetliner and its 148 passengers was diverted to Albuquerque, where FBI agents were waiting to arrest the unruly streaker.

Money quote: "Obviously he was not taking his medication," says younger brother Richard Wright.

Black Gay Sailor Killed at Camp Pendleton, Hate Crime Suspected

Very disturbing news from California: A 29-year-old sailor is found dead at Camp Pendleton and a "person of interest", a fellow servicemen, is being held in the homicide of the black gay man, the San Diego Union Tribune reports:

The body of August Provost of Houston was discovered in a guard shack on the western edge of the base sometime during the predawn hours, said Doug Sayers, a spokesman for Navy Region Southwest. An autopsy was scheduled for Wednesday to determine the cause of death. The Naval Criminal Investigative Service, which is looking into the death, has taken a 'person of interest' into custody in connection with the case. Charges have not been filed, Sayers said.

Provost enlisted in the Navy in March 2008, and was a boatswain mate seaman who worked on hovercrafts. Provost's Facebook page confirms he is 29-years-old and interested in "men and women." On his MySpace page, Provost referenced dating men and identified another Houston man as "the love of my life."

The suspect is being held at the nearby Miramar Marine Corps Air Station. At least two reports suggest the deceased was involved in a relationship with a man. San Diego gay activists report having "credible" information Provost had previous run-ins with fellow sailors and want NCIS to investigate this as a possible hate crime, NBC 6 reports.

The homicide of August Provost III came on the same day Defense Secretary Robert Gates claimed the Pentagon hoped to make "Don't Ask, Don't Tell" investigations—and attitudes toward gay and lesbian servicemembers—more "humane."

Thanks STAMPP CORBIN!

Roland Burris Comes Out Against "Don't Ask, Don't Tell"

This was probably buried under the all the pre-Pride hoopla and the recent tensions between gays and the White House: Roland Burris,(D-IL) the Senate's only black-member and the controversial replacement of President Barack Obama, comes out against the military's failed "Don't Ask, Don't Tell" policy.

The Chicago Free Press reports: "Burris said he chose to come out against the policy, which prohibits gays and lesbians from openly serving in the Armed Forces, in celebration of Pride Week and the upcoming July 4 holiday. 'It’s time to promote unity and respect and progress,' the senator said. Burris called Don’t Ask Don’t Tell 'wrong strategically and wrong based on America’s principals,' noting the number of talented men and women discharged, particularly during wartime."

Burris was the first black elected to statewide office in Illinois. As Illinois Attorney General he was one of the first state officeholders to hire prominent openly gay staff.

Burris will not face perjury charges for statements made before the Illinois House impeachment committee.

Judge Fast Tracks Olson and Boies Prop. 8 Challenge to Trial

An update on the federal challenge to Proposition 8 brought by Ted Olson and David Boies. A federal judge says he is disinclined to suspend California's voter-approved ban on same-sex marriage, but is eager to fast track the case to trial, the San Francisco Chronicle reports.

"In his first response to the lawsuit challenging Proposition 8, Chief U.S. District Judge Vaughn Walker of San Francisco said the case raises numerous issues that may need to be considered at a trial, including the history of discrimination against gays and lesbians and the intent and effects of the state constitutional amendment. [...]  Olson and Boies asked Walker to issue an injunction at a Thursday hearing that would suspend Prop. 8 and allow same-sex couples to marry while the case proceeds. In Tuesday's order, the judge said he has tentatively decided instead to move "directly and expeditiously" to a trial on the constitutionality of the measure. Halting enforcement of Prop. 8 at this stage 'may inject still further uncertainty,' Walker said. He noted that any couples who married as a result of an injunction would be unclear about their status until a final ruling"

Perry v. Schwarzenegger was filed by two same-sex couples last month, only days before the state Supreme Court upheld Proposition 8 but refused to invalidate some 18,000 same-sex marriages. Olson and Boies represented George W. Bush and Al Gore (respectively) in the infamous case that decided the 2000 presidential election. The leading national gay rights legal groups initially did not support this legal challenge. Last week, the American Civil Liberties Union, Lambda Legal and the National Center for Lesbian Rights filed amicus briefs to support the case.