History Gay Movement in Minnesota Role of the Minnesota Civil

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History Gay Movement in Minnesota Role of the Minnesota Civil History of the Gay Movement in Minnesota and the Role of the Minnesota Civil Liberties Union by Dick Hewetson COPYRIGHT © 2013 by the FRIENDS OF THE BILL OF RIGHTS FOUNDATION. This book, or any part thereof, and its electronic ver­ sion, may be reproduced for editorial and research reasons and may be duplicated for educational purposes by libraries and educational institu­ tions as long as there is no sale of either paper or electronic copies. Sim­ ilarly, counselors or other interested individuals may make paper or electronic copies for their personal use, without a fee, and may repro­ duce copies for free distribution. LIBRARY OF CONGRESS CATALOG CARD NUMBER: 2013946401 ISBN: 9780966882865 Edited and published for free distribution by Dr. Matthew Stark and FRIENDS OF THE BILL OF RIGHTS FOUNDATION. 1200 Kenwood Parkway Minneapolis, Minnesota 55405 August 2013 2 Table of Contents FOREWORD by Susan N. Herman..........................................................5 INTRODUCTION by Matthew Antonio Bosch .......................................7 PREFACE by Dick Hewetson...................................................................9 Chapter I THE EARLY DAYS...............................................................................12 Chapter II THE FERMENT OF THE SIXTIES.......................................................15 Chapter III DEVELOPMENT OF A SENSE OF COMMUNITY.............................23 Places for GLBT People to go for Friendship and Support....................24 Resources.................................................................................................27 Music Groups...........................................................................................30 Theater.....................................................................................................32 Twin Cities Pride Festival........................................................................33 Professional Organization........................................................................34 Funding Organizations.............................................................................35 Religious Groups.....................................................................................36 Other Organizations.................................................................................39 Chapter IV THE UNIVERSITY OF MINNESOTA .................................................44 First Gay Marriage License in the United States....................................44 McConnell’s Employment.......................................................................50 Baker’s Bar Exam....................................................................................52 Changes at the University of Minnesota.................................................53 ROTC.......................................................................................................53 Faculty Visibility......................................................................................54 Chapter V IS IT ILLEGAL TO BE GLBT?.............................................................55 Minnesota Sodomy Law/Statute..............................................................56 Indecent Conduct.....................................................................................60 Employment.............................................................................................61 Public Schools..........................................................................................63 Guardianship and Custody.......................................................................66 Armed Forces...........................................................................................70 3 Chapter VI LEGISLATION FOR GAY RIGHTS......................................................73 Chapter VII BACKLASH...........................................................................................83 Chapter VIII HOMICIDES..........................................................................................92 Chapter IX GETTING THE WHOLE COMMUNITY INVOLVED.........................96 Chapter X YOUR FIGHT IS OUR FIGHT TOO...................................................102 Appendix I Praise of the MCLU and Dr. Matthew Stark.........................................107 Appendix 2 The Berdache as a Stereotype of American Indian Cultures .................111 Appendix 3 FREE Before Stonewall........................................................................118 Appendix 4 Quatrefoil Library and the MCLU........................................................120 PEOPLE MENTIONED IN THIS BOOK............................................126 BIBLIOGRAPHY.................................................................................128 About the Author: DICK HEWETSON................................................130 About the Editor/Publisher: MATTHEW STARK................................132 About Contributor: SUSAN N. HERMAN...........................................134 About Contributor: MATTHEW ANTONIO BOSCH .........................135 ALPHABETICAL INDEX...................................................................136 4 FOREWORD by Susan N. Herman President, American Civil Liberties Union On March 22, 2013, the American Civil Liberties Union (ACLU) ran a full-page ad in the New York Times with a photo of ACLU client Edie Windsor, whose challenge to the discriminatory federal “Defense of Marriage Act” had been heard by the Supreme Court the day before. In that ad, the ACLU pledged to continue to fight until marriage equality reaches all fifty states. Edie’s marriage to her life partner, Thea Spyer, was not recognized by the federal government because she and Thea were both women, and so Edie was being charged exorbitant estate taxes that she would not have had to pay had her spouse been a man. But Edie and Thea’s marriage was recognized by the State of New York, and during their forty-year engagement, public opinion had grown to support their right to equal treatment. It even seemed plausible, in 2013, that the Supreme Court would find the discriminatory federal law unconstitu­ tional. In this book, Matt Stark, editor and publisher of this book (under the auspices of the FRIENDS OF THE BILL OF RIGHTS FOUNDATION, for free distribution of its electronic copy), describes how one of the main roads to the Windsor case and to increasing recognition of the right of two women or two men to marry – as well as the right of LGBT people to equal treatment in many other respects – began in Minnesota. Decades before the ACLU’s New York Times ad, in 1984 and 1986, the Minnesota Civil Liberties Union (MCLU) printed flyers saying to gay groups, “Your fight is our fight too.” And even before that, in 1970, the MCLU litigated the first case in the country to argue that two men – Jack Baker and Michael McConnell – should have a right to marry. Matt Stark, whom I met when he was the Minnesota affiliate represent­ ative on the ACLU National Board, commented at the time that he realized that this case, Baker v. Nelson, did not end in an immediate victory for equality, just as Stark predicted. But their strategy has been working, incrementally, in the long run. The Minnesota Civil Liberties Union was trying to make equality for LGBT people happen long before these issues hit the national stage. The Baker v. Nelson case was necessary because the marriage law in Minnesota, like the marriage laws in every other state, allowed only a man and a woman to get married. And because there were no anti-dis­ 5 crimination laws prohibiting other forms of discrimination against LGBT people, Mike McConnell also needed the MCLU to represent him when, one month after that marriage license was denied, he was also denied appointment to a job in the University of Minnesota Library. Today, the ACLU is supporting legislation pending before Congress that would end employment discrimination on the basis of sexual orientation. If we have made progress in the area of LGBT discrimination, in marriage and in other contexts, it is because Jack and Mike, the Minnesota Civil Liberties Union, and Matt Stark were battling back when immediate victories were unattainable. In this account of the gay rights movement in Minnesota, Stark shows what was happening in the state, legally and politically, even before the Stonewall uprising in New York. Stark was a key part of many of these efforts, and provides valuable and interesting history of the movement, of the Minnesota Civil Liberties Union’s integral role in the legal aspects of that movement, and of his own personal experiences and memories. ACLU founder Roger Baldwin used to say that no civil liberties victory ever remains won. He could also have said that no civil liberties victory is ever won all at once. Litigation that does not result in an immediate victory can nevertheless pave the way for future victories and for major shifts in public opinion. The story of the LGBT movement in Minnesota is a part of the narrative of American civil liberties. See page 134 for Herman's biography. 6 INTRODUCTION by Matthew Antonio Bosch Director, GLBTA (Gay, Lesbian, Bisexual, Transgender & Allies) Programs Office University of Minnesota Dick Hewetson’s book explores a fascinating depth of history and knowledge across decades of Lesbian, Gay, Bisexual, Transgender (LGBT) history in Minnesota. While many of us have heard of safe spaces such as OutFront Minnesota, Gay House, Calliope, and Quatrefoil Library, often our younger generations become unaware
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