VOL 34, NO. 10 NOV. 28, 2018 www.WindyCityMediaGroup.com WINDY CITY TIMES’ ON HARVEY Cleve Jones reflects on Milk, 40 years after his 2018 HOLIDAY death Photo of Harvey Milk by Jerry Pritikin 14 GIFT GUIDE TRANS- FORMATIVE WEEK ONE OF TWO PAGES 27-30 Center hosts TDOR event. Photo of Channyn Parker by Matt Simonette 12 A look SEEING at local THE NEO-FUTURISTS EXPANDED MARK THREE DECADES IN CHICAGO PAGE 20 ARTS COVERAGE LGBTQ EVERY WEEK org Cast of the 2014- 15 Neo-Futurist production of Burning Bluebeard. Photo by Evan Hanover PAGE 10 Photos courtesy of i2i www.artsandtheaterweekly.com i2i @windycitytimes /windycitymediagroup @windycitytimes www.windycitymediagroup.com A SPECIAL TEN-PART SERIES FROM AUTHOR MARK ZUBRO SEE PAGE 32 2 Nov. 28, 2018 WINDY CITY TIMES WINDY CITY TIMES Nov. 28, 2018 3 NEWS Supreme Court to discuss LGBT cases 4 Howard Brown editors publish ‘holistic’ resource 6 Books: ‘HERStory,’ ‘Revolution’ 7 David Orr talks four decades of politics 8 Looking at i2i’s core leadership team 10 Trans Day of Remembrance event at the Center 12 Cleve Jones on Harvey Milk 40 years after his death 14 World AIDS Day events in Chicago 15 Letters/statements 16 INDEX ENTERTAINMENT/EVENTS Theater reviews 18 Theater features: Neo-Futurists marks 30 years 20 Books: ‘Trans Figured,’ ‘Ripe’ 22 DOWNLOAD Book review: ‘Death Checks In’ 23 THIS ISSUE Concerts: Lakeside Pride; Rufus Wainwright 24 Comedy: Melissa DuPrey 24 AND BROWSE THE ARCHIVES AT Sports: Steve Kasperski—batter up 26 www.WindyCityTimes.com HOLIDAY GIFT GUIDE: PART ONE 27 Zubro excerpts conintue 32 NIGHTSPOTS 35 Classifieds 29 Calendar 30 VOL 34, NO. 10 NOV. 28, 2018 www.WindyCityMediaGroup.com WINDY CITY TIMES’ ON HARVEY Cleve Jones reflects on Milk, 40 years after his 2018 HOLIDAY death Photo of Harvey Milk by Jerry Pritikin 14 GIFT GUIDE TRANS- FORMATIVE WEEK ONE OF TWO PAGES 27-30 Center hosts TDOR event. Photo of Channyn Parker by Matt Simonette 12 A look SEEING at local THE NEO-FUTURISTS EXPANDED MARK THREE DECADES IN CHICAGO PAGE 20 ARTS COVERAGE LGBTQ EVERY WEEK org Cast of the 2014- 15 Neo-Futurist production of Burning Bluebeard. Photo by Evan Hanover PAGE 10 Photos courtesy of i2i www.artsandtheaterweekly.com i2i @windycitytimes /windycitymediagroup @windycitytimes www.windycitymediagroup.com A SPECIAL TEN-PART SERIES FROM AUTHOR MARK ZUBRO SEE PAGE 32 online exclusives at www.WindyCityTimes.com STRAIGHT UP Paula Abdul (left) answers some inquiries in 10 Questions with Vic. Photo by Austin Hasgrave FILM STUDIES ICE, ICE, BABY Gaywheels.com has cold-weather tips to keep your car running. THAT’S SHOW BIZ Find out the latest about Nicole Maines, Taron Egerton and Maya Rudolph. Mark S. King (above) said that there’s a short film people should watch for plus World AIDS Day. DAILY BREAKING NEWS Photo courtesy of King 4 Nov. 28, 2018 WINDY CITY TIMES U.S. Supreme Court to conference on big three BY LISA KEEN learning he was gay. Zarda died before his lawsuit KEEN NEWS SERVICE could be resolved, but his sister has pursued his claim. The Second Circuit covers New York, Con- Three big LGBT cases will be part of a private dis- necticut, and Vermont. cussion at the U.S. Supreme Court on Friday, Nov. The third case before the Supreme Court con- 30, when the justices meet to “conference” about ference this month is one brought by a gay em- what appeals to hear in the coming months. ployee who lost at the lower level: All three cases test the limits of Title VII of —Bostock v. Clayton County (from the 11th the Civil Rights Act, which prohibits discrimi- circuit): This appeal comes from a gay man in nation based on “sex.” Two of the three ask if Georgia, challenging an 11th circuit decision to “sex” should be read to also prohibit discrimina- dismiss his Title VII lawsuit. Gerald Bostock was tion based on sexual orientation. The third asks a child-advocate employee of the Clayton County whether it should be read to prohibit discrimi- Juvenile Court System for 10 years, and all was nation based on gender identity or “transgender fine. Then, in 2013, he joined the Hotlanta gay status.” softball league and urged other players to con- At least four justices must vote to accept an sider volunteering for the county agency. Within appeal before the court will schedule the case six months, his office was audited, someone pub- for argument. licly complained about his playing in the gay The likelihood of the court taking one of these softball league, and he was fired. The county said cases is fairly strong, primarily because there is a he was fired for “conduct unbecoming a county conflict among several circuit courts as to wheth- employee;” Bostock said he was fired because he er Title VII can be read to include sexual orienta- is gay. Bostock filed suit, saying his firing vio- tion and/or gender identity discrimination. But lated Title VII. with the newly constituted Supreme Court having The 11th circuit (which covers Georgia, Florida a much more conservative slant, it is probably and Alabama) dismissed the lawsuit, saying it more likely that—if four justices want to hear an had already ruled that “sexual orientation” dis- appeal—they will be seeking an opportunity to crimination is not covered under Title VII. At the narrow the protective reach of Title VII, rather Supreme Court, Bostock’s attorney acknowledges than expand it to LGBT people. In that regard, that the 11th Circuit has previously ruled that the justices are more likely to take a case brought “sexual orientation” cannot be read into “sex” by an employer. Those include: discrimination, but he argues that other circuits —Harris Funeral v. EEOC (from the Sixth Cir- have ruled it can. He also argues that the Su- Aimee Stephens, the plaintiff in Harris Funeral v. EEOC. cuit): This appeal comes from an employer in preme Court’s 1989 ruling in Price Waterhouse v. Photo by Charles William Kelly/ACLU Michigan and asks if “gender identity” or “trans- Hopkins requires courts to read “sex” discrimina- gender status” are covered under “sex” discrimi- tion to include gender-based stereotypes. And he nation in Title VII. The employer, Harris Funeral, argues that the 1998 Supreme Court decision in (GLAD) and Equality California. “Allowing Presi- fired a long-time male employee after he began Oncale v. Sundower underscored that “sex” dis- Trump asks Supreme dent Trump’s ban to be implemented would up- transitioning to female and refused to wear a crimination had to be read more broadly. end thousands of lives and weaken our Armed man’s business suit supplied by the funeral home. The 11th circuit ruled as recently as last year Court to rule on Forces.” The employee, Aimee Stephens, first took her that Title VII does not prohibit sexual orientation trans military ban “The Trump administration is trying to frame complaint to the Equal Employment Opportunity discrimination. The employee in that case, Ev- The Trump administration has asked the U.S. the successful policy of including transgender Commission, which ruled in her favor. The Sixth ans v. Georgia Regional, appealed to the Supreme Supreme Court Nov. 23 to quickly hear a chal- troops not just as a failure, but a failure that is Circuit said “sex” discrimination in Title VII in- Court but the court simply refused to accept the lenge to President Donald Trump’s policy that so severe that the Supreme Court must weigh cludes “transgender” discrimination. On appeal appeal for review. bans most transgender individuals from mili- in on an emergency basis. Its assertion makes to the Supreme Court, the funeral home argues The Seventh Circuit U.S. Court of Appeals ruled tary service. a mockery of the evidence. Transgender ser- that its dress code applied equally to men and in favor of sexual orientation discrimination So far, district courts across the country have vice members have compiled a two-year record women and that the courts do not have the au- (Hively v. Ivy Tech), but the employer did not ap- blocked the policy from going into effect. The of achievement serving America on the front thority to say that “sex” includes “gender identi- peal to the Supreme Court. So, LGBT people in 9th Circuit Court of Appeals heard arguments in lines. They are proving every day what military ty.” The reason the word “sex” was added to Title Seventh Circuit states (Illinois, Indiana, Wiscon- one challenge earlier this fall; the D.C. Circuit leaders and medical professionals told us: that VII, says the funeral home, was to ensure “equal sin) can press a Title VII claim, as can those in will hear arguments in early December, CNN. inclusive service strengthens the U.S. military opportunities for women.” This case may be the the Second Circuit and Sixth Circuit; LGBT people com reported. and makes our country safer,” said Aaron Bel- most attractive to the conservative justices be- in the 11th circuit cannot. The U.S. Supreme Court rarely gets quickly kin, director of the Palm Center, in a separate cause they could deny protections to transgender Meanwhile, similar cases in other circuits are involved in cases, usually waiting until both statement. employees and all LGBT people by simply claim- percolating up, putting pressure on the Supreme lower courts from various areas of the country Lambda Legal Counsel Peter Renn added in ing the lower courts have no authority to expand Court to settle the dispute nationally. have ruled on them. yet another press release, “This highly un- the definition of “sex” in federal law.