Northern Ireland Health Minister 'irrational'

This afternoon the High Court in Belfast has ruled that the maintenance of the lifetime ban on men who have had sex with other men (MSM) in Northern Ireland by the Health Minister Edwin Pots is "irrational".

After the ban was lifted and replaced with a 12 month deferral period in England, Scotland and Wales pressure has been placed on Mr Poots to follow suit in Northern Ireland. Twice he appeared to have reached a conclusion that he would not do so. On both occasions when I raised a Freedom of Information request with his department to find out what additional information he had received and meeting he had had with his opposite numbers about this I was told this was still a live case the final decision not yet being reached.  Therefore not all the information was not forthcoming.

The judicial review was brought by one individual who claimed that the minister had displayed apparent bias that went beyond religious beliefs and into the realms of prejudice. Ironically one of the defenses used by Northern Ireland's Attorney General, John Larkin QC, was that the individual has in the past been paid for sex (which would have been a separate disqualification on him donating) which just heightened evidence that this was a prejudicial decision that failed to look at the full picture of case law.

The judge, Mr Justice Treacy, in making his ruling said:

"The minister has decided that MSM (males who have sex with other males) behaviour creates such a high risk of infection to the donor that such donors must be permanently deferred with the result that such blood cannot enter the Northern Ireland blood stock.

"Importing blood from other places which do accept MSM donors, even in limited quantities, leaves the door open for MSM blood to do just that.

"There is clearly a defect in reason here."

 Adding that the decision was irrational and that:

"If there is a genuine concern about the safety of MSM-donated blood, such that the blood stock must be protected absolutely from such blood, then the security of that blood must actually be maintained absolutely." 

He went further to address the accusation that the Minister had breached the ministerial code as the lifetime ban was both controversial and cross-cutting, taking in equality issues, saying:

"As such the minister had no authority to act without bringing them to the attention of the Executive Committee which he failed to do.

"In doing so the minister breached the ministerial code and... had no legal authority to take a decision in breach of the ministerial code."

This is another decision in the High Court after the one that the ban on same-sex couples that has taken a step towards equality for the LGBT community in Northern Ireland. Sadly we know that Mr Poots was not happy with that previous decision and has decided to appeal it to the Supreme Court. I do not hold up hopes that he will not attempt to do the same again, even though he is criticised already for breaking the ministerial code.

However, the ruling that once again the personal prejudices rather than actual scientific evidence have clouded the decision making process of the Minister on a matter where equality comes into play is a welcome. We can only hope that in future cases will be based on their scientific merit rather than prejudice without one of the minorities supposedly protected in the Belfast Act having to take Departments to the High Court to ensure carry out "their duty".

Unfortunately I expect the LGBT community will have to go to court once again in Northern Ireland before they can get married in the morning.

If you can't beat Obama subpoena him

Yeah the weirdest story of the week in the Presidential race comes from Georgia, home state of Newt Gingrich.. It is there that Californian attorney and "birther" Orly Taitz has managed to get one justice to actually look at her one of her various lawsuits trying to ban Obama from the State Primary on 9th March. Others have failed.

The court hearing is scheduled for today and Georgia Deputy Chief Justice Michael Malihi has subpoenaed the President to appear before him today n the grounds that his filings to Georgia's secretary of state fail to show why his attendance would be "unreasonable or oppressive," or why his testimony would be "irrelevant, immaterial or cumulative."

I'm sure one of the documents that were passed on to Georgia was the following, issued by the State of Hawaii on 8 August 1961.

Of course the guy who he beat in 2008 was John McCain, born 29th August 1936 at Coco Solo Naval Air Station in the Panama Canal Zone.

One wonders what would have happened had his non-American parent not been black and African.

The presumptive Democratic nominee for President is actively campaigning today, but no in the State of Georgia.

Looking at the text of the 14th Amendment it is clear that he qualifies, through section one from the place of his birth. His mother being a natural born American from the State of Kansas he was not the child of an illegal immigrant. His mother and her parents are American. He was raised by them.

14th Amendment to the US Constitution (adopted 9 July 1868)

Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.Section 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.
Section 3. No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may, by a vote of two-thirds of each House, remove such disability.
Section 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.
Section 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.

Even if both his parents had not been native born American's the fact that he was would make Barack Obama a Natual Born Citizen. This was tested in the Supreme Court in 1898 by by Wong Kim Ark who was born in San Francisco to Chinese parents. This ruled that Wong was a natural born citizen of the USA.

The birthers really do not have a legal leg to stand on in this case are are merely showing prejudice as well as being sore losers. But of course not being native born, McCain did qualify to run for President even though he wasn't born in the US because his parents were American. Strangely the birthers never challenged McCain's eligibility to run or serve as President.

Update: Reading the reports of what happened in court today it appears that the main thrust of the plaintiff's cliams are that because Obama's father is saying because he was not an American citizen, neither is the President. If that is the main thrust it is unconstitutional and should not be admissible in court, see the above.

World Aids Day 2011: Getting to Zero #WAD2011

Today is World AIDS Day and the theme for 2011 is Getting to Zero. What that means is:

• Getting to zero new HIV infections
• Getting to zero discrimination
• Getting to zero AIDS related deaths

The first one is up to YOU know your status and your partners status and play it safe until you do. HIV can be passed on by heterosexual as were a homosexual sex, it can also be passed on by intravenous drug users sharing neddles. So be careful folks. Treat each new sexual partner with safety first, you won't know if they are affected on first contact.

The zero discrimination about HIV and AIDS is harder to achieve when you get groups like Christians for a Moral American making comments like this about the recent hospitalisation of George Michael. Yes 30 years on we still have ignorant people who think that HIV and AIDS are gay diseases. I had a conversation in a chat room during the week about people not wearing a red ribbon. Some don't wear it because they feel it marks them out a either LGBT or having HIV themselves. Some of the people who thought that love it when a straight celebrity appears in the gay media (yes the naked issue of Gay Times is out) supporting the LGBT community by identifying with them, but they seem nervous about supporting those living with HIV so positively. Of course those that wear the ribbon are those living with HIV, their partners, family, friends and supporters. At least that is how it should be. 

HIV is affected whole communities in parts of Africa. This is where the greatest number of AIDS related deaths occurs. All because the people there cannot afford the medications that many of those in the West take for granted these days. Many people can live successful lives living with HIV with their meds, but the companies who have produced the live enhancing and supporting meds for HIV are in it to make money and the Africa epidemic is something they are not prepared to do.

Of course not every area of the world is prepared to met all three of the zeroes this year. But the focus should be on one that can be most effective to a region or nations situation. All three require education to the risks that are still there and the things that can be done to overcome the stigma, the risk and the ability for those living with HIV to remain strong.

If you have a ribbon wear it with pride today. If you haven't see if you can find one (if not for this year for next December).

Finally I wish I were down in London today to take part in the World AIDS Day Swish down Old Compton Street at 6pm. However, those folks at Gaydar radio put in a little practise earlier. Now radio isn't the best medium to share such an activity with everyone, so they YouTubed it here: