Today, March 5th, Microsoft’s Xbox Live team announced a change in their terms of service.  This new change allows, among other things, LGBT members to express their "relationship recognition" in their Xbox Live profile information.  A set of approved words has been set for each language the service operates in.

From today’s release:

With that in mind, I’d like to announce an update to the Xbox LIVE Terms of Use and Code of Conduct which will allow our members to more freely express their race, nationality, religion and sexual orientation in Gamertags and profiles. Under our previous policy, some of these expressions of self-identification were not allowed in Gamertags or profiles to prevent the use of these terms as insults or slurs. However we have since heard feedback from our customers that while the spirit of this approach was genuine, it inadvertently excluded a part of our Xbox LIVE community

From the new Terms of Use for the English service:

You may use the following terms to express your relationship orientation in your profile or Gamertag:

• Lesbian
• Gay
• Bi
• Transgender
• Straight

Other terms regarding relationship orientation are not allowed. In addition you may not use these terms or any other terms regarding relationship orientation to insult, harass, or any other pejorative use against other users.

It’s great to see Microsoft moving forward on this and honoring their promise to address this.  Initially, there was discussion around the best way to solve this problem.  The key requirement was how to minimize the potential use of words like these, or the expression of them, to increase harassment.   Various options were explored over time, including changes to the service.  However, as is often the case, the simplest solution wins out.  KISS principle at work.

With the start of the Prop 8 case in California, I’m finding that my optimism is elevated by the choice of our counsel.  David Boies and Ted Olson are leading the cause.  The pairing of the two is a pretty interesting occurrence.  These two were formerly opponents in the Bush v Gore case after the 2000 elections.

in the public discussion, with all the bitterness and acrimony during that case, you would think that the folks on either side would never be able to cooperate with each other in the future.  Instead, two leaders, from opposing sides, have united to pursue a goal.  Of all things, that goal is to overturn Prop 8 and restore the ability of gays and lesbians in California to marry.

The idea that such former adversaries can unite and cooperate provides an example of reconciliation that gives me hope that people can cooperate for the good of the country.  Ultimately, if we are ever to make progress in our democracy all sides need to help.

Aside from this somewhat mushy "lets all work together" stuff, Boies has been involved in some interesting cases.  The one that is closest to me is his role representing the US Government against Microsoft.  Among Microsoft employees, Boies is often regarded as a bitter enemy.  Bill Gates famously said that Boies was "out to destroy the company."  So in the Microsoft LGBT friendly community it’s an example of switching from a deep dislike, to rooting for him to succeed.

Also interesting in that case was the fact that the democratic administrations such as Clinton’s were viewed as more of a danger to the company than a republican one.  When Bush took office, there was a sense of optimism that the government would be more friendly.  

Boies was very successful in his work on that case.  He succeeded in getting a judgment against Microsoft and a the relief ordered was a breakup of the company.  That scenario was such an unthinkably catastrophic situation, that people were in disbelief.

Ultimately that relief was appealed and the company remains a single entity today.  However, a huge chunk of the company now operates with fairly oppressive compliance regulation.  Windows and certain related teams must perform much additional work to document interfaces, protocols and other things to the satisfaction of some pretty picky people.  The later trials in the EU have added to that workload.

As a result, Microsoft’s ability to keep pace with innovation is hampered.   Of course, for those who were hoping for a judgment against Microsoft, this is a good thing.  Now there is less chance that the behavior which was judged to be improper can happen.

Years prior, Boies was part of the team that represented IBM in it’s defense against a similar anti-trust suit brought by the DOJ.  In that case he was working from the opposite position as the Microsoft case.

Having someone who has experience in seeing an issue from both sides is a huge benefit.  As far as the Prop 8 case goes, the lesson is that Boies is serious business, and the other side should be appropriately worried.

The year 2009 is almost over, which is totally freaky because it still feels new to write “2009″ in a date field.  No matter what happens now, 2009 will be a milestone on the historical timeline for LGBT rights.   With the passage of the Matthew Shepard and James Byrd, Jr Hate Crimes Prevention Act and signing into law by President Obama, 2009 will be notable.  Thanks to this law, LGBT people, like racial minorities and other protected classes now have additional tools in preventing hate crimes.

I was looking through some videos I found for a research project and found an interview with Matthew and then boyfriend from the mid nineties.  I remember when I first saw that video, thinking that I’d never seen anything but a picture of him.  Watching the video gives a much bigger picture of him, his voice, animations and, friendliness.

Have a look:

Update: h/t InterstateQ for pointing out the source of this interview.
There’s very little video of Matthew Shepard, this is the only one I’ve ever seen. It comes from a documentary called “Dear Jesse”, which is about Jesse Helms. This is such a case of chance; just by coincidence, when Tim Kirkman, the director, was interviewing students, Matthew happened to be one of them. At the time, he was just an average guy, and there was no way to know how significant he would become posthumously in our movement.
Check out the documentary: http://en.wikipedia.org/wiki/Dear_Jesse

Thomas Prol, a trustee of the NJ Bar Association, testified during the NJ Senate Judiciary Committee hearing on Marriage Equality on 12/6/09.  Prol gave excellent testimony on why Civil Unions don’t work.  He gives a great overview of some key problems and how they manifest themselves.  He covers ERISA, the federal law that creates exceptions allowing employers to ignore state equality laws.  Then he explains how NJ Civil Union law invites discrimination because without equality in name, equality in rights does not exist.

After he finished his statement, Senators were permitted to ask questions.  The first one is Gerald Cardinale, a republican from District 34 in NJ.  He certainly sounds cranky enough to be a republican.  The agitation in his voice shows how well Prol made the case.  In his testimony, Prol, cites the body of evidence produced by the Civil Unions commission set up to examine the efficacy of the Civil Unions law.  During questioning, Cardinale has nowhere to go except make accusations that the commission was biased.  I guess that must be true if they disagreed with you, Cardy.

Cardinale asks if Prol, "with a straight face", can say that the commission was unbiased.  You know there must have been giggling in the room over "with a straight face", don’t these republicans keep up with humor?   Prol keeps it together and gives a straight up "Yes" that they were unbiased. 

Once again, Cardy stoops to the only low ground he can and accuses Prol of lying.  "You aren’t lying effectively", he says, noting that he knows it takes 3 years of learning to be a good liar.  Well, Cardinale is a republican, so I guess he’s qualified to judge lying skill. I’ll give him that. 

If your blood pressure needs a boost, listen to the exchange yourself. 

• Cardinale starts yakking at 5:00
• Sen. Nia Gill (D-34) speaks up to apologize for Cardy’s unprofessionalism at 7:20

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