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Human Rights LGBTQ

Obama Administration Stalls Response To Uganda’s Anti-Homosexuality Act

“Delay is putting lives at risk,” said Human Rights Campaign President Chad Griffin.

Posted originally on Buzzfeed News on June 3, 2014, at 3:52 p.m. ET

The Obama administration has delayed action in adjusting aid to Uganda in response to passage of the Anti-Homosexuality Act, even though an interagency review process put forward recommendations some weeks ago.

Sources familiar with the review process, which the administration announced just after Ugandan President Yoweri Museveni signed the anti-gay bill into law in February, told BuzzFeed they have expected an announcement from the United States government for some time because the recommendations were pending, but the White House has been silent.

This inaction follows a seemingly contradictory series of announcements in March. The White House announced an adjustment of around $10 million — including a cut to a religious organization that vocally supported the law — out of the more than $700 million that the U.S. gives to Uganda annually on March 23 because of the new law. But days later, the U.S. embassy in Kampala issued a press release saying “No Changes in U.S. Assistance to Uganda.” And the initial cuts were announced on the same night as the administration said it would send military helicopters much coveted by President Museveni to assist in the hunt for rebel leader Joseph Kony.

As the review has dragged on, American LGBT and public health advocates have grown increasingly frustrated by the White House, which they say has frozen them out of consultations over responding to the law. The administration has increasingly held back details on what options are under consideration and when they might come.

“They haven’t been telling us anything concrete,” one told BuzzFeed.

On Tuesday, Human Rights Campaign President Chad Griffin publicly called out President Obama for his inaction in a letter that said the “delay is putting lives at risk.”

“More than three months since the enactment of this law, I respectfully ask

that you direct the Administration’s interagency review to begin issuing immediate, concrete results that will illustrate the United States’s commitment to protecting human rights in Uganda,” Griffin wrote. “President Museveni must understand that there will be continuing and long term political and economic consequences to state-driven homophobia.”

Griffin also called for expanding the review to include other countries that have recently enacted “heinous anti-LGBT laws” — Nigeria, Russia, and Brunei — in order to “signal to the world that these consequences are not directed solely towards Africa.”

National Security Council spokesman Patrick Ventrell would not comment on why the administration had not made a final decision on the recommendations from the interagency review process. However, he avoided referencing the review in a statement responding to the Human Rights Campaign’s letter.

“In response to President Museveni’s decision to assent to the Anti-Homosexuality Act, the United States took immediate steps to demonstrate our support for the LGBT community in Uganda, deter other countries from enacting similar laws, and reinforce our commitment to the promotion and defense of human rights for all people – including LGBT individuals,” Ventrell wrote. “As we move forward, we will take additional steps to demonstrate our opposition to the Act and our support for LGBT persons in Uganda and around the world—recognizing that the struggle to end discrimination against LGBT persons is a global challenge, and one that is central to the United States commitment to promoting human rights.”

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Human Rights LGBTQ

Gay Rights Crusade Against Stoning in Brunei Began with a Los Angeles Labor Dispute

“Stories need a hook,” said a spokesperson for UNITE HERE Local 11. The union had been fighting the Beverly Hills Hotel and the Hotel Bel-Air for over a year, but it wasn’t until LGBT activists got on board that their efforts found traction.

Posted originally on Buzzfeed News on May 7, 2014, at 4:44 p.m. ET

For more than a year before the Beverly Hills Hotel became the target of a boycott, a Los Angeles labor union had been trying to draw attention to the fact that it is owned by the sultan of Brunei, a tiny Southeast Asian nation with laws criminalizing homosexuality. Almost no one cared.

How this went from a failed ploy in a labor dispute to an advocacy campaign involving celebrities including Ellen DeGeneres to Jay Leno is one that could only take place in the age of internet outrage, when relationships between American activists and social media go a long way in determining which human rights causes blow up and which ones go virtually unnoticed in the United States.

UNITE HERE Local 11 spokeswoman Leigh Shelton told BuzzFeed that the union began trying to shine the spotlight on Brunei’s LGBT rights record in February 2013, as part of an effort to drive business away from the Hotel Bel-Air and the Beverly Hills Hotel, both owned by Sultan Hassanal Bolkiah’s Dorchester Collection hotel company. The effort stemmed from a feud stretching back to the 1990s, when the union was shut out from representing the Beverly Hills Hotel after it went through renovations. The union was shut out in similar fashion from the Hotel Bel-Air in 2009. In researching the hotel’s ownership, UNITE HERE discovered that Brunei has actually long had a law criminalizing sodomy well before the new Sharia code, dating back to its days under British colonial rule.

The union produced a video urging people to “take a stand against homophobia” and “dump” the Beverly Hills Hotel. “The Beverly Hills Hotel is owned by the nation of Brunei, where it is illegal to be gay,” the video proclaimed.

That campaign went nowhere.

“Stories need a hook,” Shelton said. “I just don’t think it had a hook at the time.”

Last month, that changed: National organizations called for boycotts, and personalities including Sharon Osbourne and Richard Branson took to Twitter to urge their followers to join them in staying away from the hotel. On Monday, former Tonight Show host Jay Leno added fuel to the fire when he joined a rally outside the Beverly Hills Hotel, calling for the sultan to either change the law or sell the hotel. Organizations ranging from the Motion Picture & Television Fund to the International Women’s Media Foundation to The Hollywood Reporter have canceled events at the hotel as well. DeGeneres tweeted:

The “hook” was that the sultan was going to impose a new penal code based on Sharia law, which would punish homosexuality — as well as adultery — with death by stoning. The sultan had actually announced the new proposal in October, but few in the United States noticed nor made the connection to the hotel. Nor did it get much notice when a United Nations spokesperson made a statement on April 11 condemning the proposal, which was originally set to go into effect on April 22. But then, longtime LGBT and labor activist Cleve Jones — who had consulted for UNITE HERE in its fight with the Dorchester hotels — saw a mention of the U.N. statement on his Facebook feed.

“That caught my attention,” Jones said. “I knew who this guy was and I remember thinking to myself that maybe this will get people to pay attention. I started waiting two days, maybe three days, and see who would pick up on it. And nothing.”

So he posted about it on Facebook and tagged several major players in LGBT rights and Hollywood, including Human Rights Campaign President Chad Griffin, screenwriter and LGBT activist Dustin Lance Black, and film producer Bruce Cohen. His post was shared over 400 times.

The next day, the Gill Action — an organization set up by tech mogul Tim Gill to advance LGBT rights — issued a statement announcing it would move an upcoming conference connecting donors with state-level LGBT organizations to another venue. This was a rare public statement from the organization, which generally likes to keep its name out of the press. (A spokesperson declined to comment on when the organization learned about the Sharia proposal.)

“In light of the horrific anti-gay policy approved by the government of Brunei, Gill Action made the decision earlier today to relocate its conference from the Beverly Hills Hotel to another property,” Gill Action Executive Director Kirk Fordham said in a statement to the LGBT publications that first reported the move, including the The Washington Blade, which ran the story under the headline “Secret gay donor conference moved from Brunei-owned hotel.”

A week later, according to Feminist Majority spokeswoman Stephanie Hallett, it pulled an event scheduled for May 5 and instead organized a rally in front of the hotel joined by UNITE HERE, the California Women’s Law Center, and several LGBT organizations — including Human Rights Campaign and the National Gay and Lesbian Task Force.

The campaign against the hotel has largely focused on the Sharia code’s potential impact on LGBT people, but the policing of women’s sexual relationships has often been the major focus in other places where versions of Sharia law have been implemented. Indonesia’s Banda Aceh province — the only other place in Southeast Asia with a version of Sharia — originally stipulated a punishment of death by stoning for adultery but only 100 lashes for homosexuality. And because women are often expected to defend sexual honor, harsh punishments tend to be meted out disproportionately for sexual misconduct in other countries with Sharia-based systems, according to a report from the organization Women Living Under Muslim Laws.

The U.S.’s largest LGBT rights organization, the Human Rights Campaign, gave its imprimatur to the boycott on Friday, publicly calling on other organizations with events scheduled for the Dorchester hotels to stay away. On Tuesday, HRC took aim again, introducing a campaign under the hashtag #callitout highlighting the apparent hypocrisy of the Dorchester Collection’s same-sex wedding business.

All this organizing has taken place with virtually no consultation with activists in Brunei, in large part because U.S. organizations can’t find anyone to consult. Hallett said that they did not talk to anyone in Brunei before organizing Monday’s rally, and several LGBT organizations working internationally said they’ve been unable to find partners in the country of fewer than 500,000.

“Good luck getting a hold of someone over there,” said a staffer of an LGBT organization doing international work.

Focusing on international issues is relatively new for HRC, which made a high-profile announcement in late 2013 that it would launch a global program with a $3 million initial investment. This caused concern among some LGBT activists who have been working overseas, who feared HRC might not adequately consult with activists on the ground before getting involved abroad. During the fights over marriage equality in the U.S., many state-level activists complained that the group stepped on local activists when it launched state-based campaigns.

Although HRC is “incredibly concerned about [coordination with local activists] because we always want to show great sensitivity to the real-world impact on the ground,” said Vice President for Communications Fred Sainz, the group jumped in because the United Nations High Commissioner for Human Rights office had made public statements criticizing Brunei’s proposal earlier this month. “Our involvement has been driven by the U.N. action,” said Sainz.

Sainz also added, “Unlike a lot of LGBT international issues, the Brunei government has an indisputable presence here in the United States through their hotel holdings. It’s our mission and responsibility to ensure that LGBT Americans know what the owners of these hotels stand for.”

As the push against the hotel gathered steam in Los Angeles, the International Gay and Lesbian Human Rights Commission held its fire. IGLHRC, one of the oldest U.S.-based groups working on LGBT rights abroad, had been working with a coalition of activists in Southeast Asia to try to develop a way to pressure Brunei to reverse the law. Brunei is part of the Association of Southeast Asian Nations, a trade bloc including countries like the Philippines and Thailand, whose governments have at times been supportive of LGBT rights.

And the situation in Brunei was unclear — there were some hints that the sultan might already be looking for a way to back out, and forcing a confrontation over the issue might cause him to take a more hard-line position. The law was initially slated to go into effect on April 22, but the boycott began after the government announced it would delay implementation. And when the sultan set a new implementation date of May 1, the government also announced it would be implemented in three phases, with the capital punishment provisions not taking effect until next year.

“I felt that it would be counterproductive to attack Brunei, when there was a decision to put things on hold,” said Grace Poore, IGHRC’s Regional Program Coordinator for Asia and Pacific Islands. She also stressed that framing this issue primarily through the lens of LGBT rights could backfire.

“It’s important not to just focus on the LGBT issue,” said Poore. “That is counterproductive. It’s divisive, it gives the impression [to] other people who suffer under these penalties that we’re only focusing on our issues instead of focusing on how they’re all interrelated.”

But it’s also an issue that grabs Americans’ attention in the way that other human rights issues often do not. “It’s a measure of our success in the United States that gay is the bright, shiny object that catches the attention of some people,” said a source with an LGBT organization doing international work.

It’s unclear whether this boycott is having any impact on the sultan, who is one of the world’s richest men and presides over a nation whose wealth is built on its oil exports. But it could have a lasting impact on the hotels, whose CEO says its employees are being “totally unfairly picked on” and that protesters are only “hurting a local business.”

This doesn’t seem to bother Cleve Jones, if that’s what it takes to get the message across.

“The way this boycott has taken off, it looks like you’ll be able to soon play polo inside the [Beverly Hills Hotel’s] Polo Lounge, because there won’t be any people in it,” Jones said.

Categories
Human Rights LGBTQ

Why Some LGBT Youths In Jamaica Are Forced To Call A Sewer Home

Young LGBT Jamaicans are chased out of their communities by family and neighbors using vigilante justice to enforce the country’s laws against homosexual conduct. Now police are trying to push them out of their shelter of last resort.

Posted originally on Buzzfeed News on December 18, 2013, at 12:07 p.m. ET

KINGSTON, Jamaica — Around 11 a.m. on Sunday, Dec. 1, police officers led by Cmdr. Christopher Murdock lowered a ladder into an open sewer in New Kingston, the Jamaican capital’s financial district. The sewer, damp and strewn with trash, flowed out of the business district housing several banks, large hotels, and shopping arcades. And it was home to a group of youths Murdock wanted gone.

Their alleged crime: stealing. Murdock said he had received more than 30 reports of theft and robbery since the group, ranging in age from teens to early twenties, had moved into the sewer several months before, and he was becoming concerned that the stretch of Trafalgar Road that runs over their makeshift home was becoming unsafe for people to walk.

But Murdock’s televised remarks following the Sunday raid left the impression the kids were unwanted for an entirely different reason: “The aim of this operation was to remove men of diverse sexual orientation who continue to plague the New Kingston area.”

Jamaica has long been one of the most hostile countries in the Americas for LGBT people. But in recent months, the murders of LGBT people and mob attacks — including fire bombings — on the houses where they live have made headlines with increasing frequency. Activists are not entirely sure what’s caused the surge in violence, though it may be due in part to the debate over possibly repealing the country’s colonial-era sodomy law, an idea that Prime Minister Portia Simpson-Miller floated during her 2011 campaign. Her government has not yet taken any action on the proposal, but pro-family groups have mounted a campaign to ensure it never does.

For years, the media in Jamaica have hyped stories about the crimes of “rowdy gays,” crafting a distorted image of the LGBT community at large, local activists say. Television stations have refused to run ads promoting tolerance for LGBT people — on Nov. 16, the country’s Supreme Court tossed out a lawsuit challenging their decision last spring to reject an ad put together by the organization AIDS-Free World promoting tolerance for LGBT people. The ad featured a gay lawyer named Maurice Tomlinson who left Jamaica in 2012 following several death threats. Many out gay public figures have also gone into exile, while several others have been murdered in the past 15 years; the number of out gay public figures still living in the country can be counted on the fingers of one hand.

The headlines that ran the day after the sewer raid were typical: “Gay robbery suspects arrested in [New Kingston] raid,” said the Jamaica Observer in a 660-word feature that focused on the youths’ cross-dressing and exhaustion from “partying all night.”

Even the group’s advocates say the youths are not blameless: They have turned on people who have tried to help them and admitted to some criminal activity — they largely survive on prostitution. But the youths are convinced there is something else motivating the police raids against them.

“They are trying to pin something on us,” said one, who gave his name as Michael. (To protect their safety, BuzzFeed is referring to them by aliases they chose themselves.) The police and the press, Michael said, were going after the group for the same reasons the group took shelter in the sewer in the first place: Homosexual conduct is against the law, and Jamaicans are willing to take enforcement into their own hands.

“Because I am gay and it’s not legalized in the country, they want to get rid of us,” he said.

The situation for LGBT people in Jamaica has been deteriorating since July, when a 16-year-old named Dwayne Jones was hacked to death by a mob in the northern city of Montego Bay after he was outed while dancing with a man who did not know Jones had been born male. Since then, there have been multiple incidents when mobs descended on the houses of people perceived to be gay, including a firebomb attack in October, also in the area of Montego Bay.

It wasn’t always this way. “I can remember things were not this bad when I was coming up and coming out,” said Lewis, who is 38 and came out to his family at 18, though he only felt safe enough to allow his face to be shown in press reports starting in 2013.

Between 2009 and 2012, the Jamaican Forum for Lesbians, All-Sexuals, and Gays (J-FLAG), the country’s oldest LGBT rights group, counted 231 reports of discrimination and violence. But the worsening violence could be a response to greater visibility by LGBT people, a terrible backlash against modest progress. It has taken its toll on gay and trans youth. (For reasons LGBT activists don’t entirely understand, there aren’t many known cases of homeless lesbian girls.) “People are coming out younger and younger and being pushed out younger and younger,” Lewis said.

Interviews conducted with six of the youths scooped up in the sewer raid paint a scary picture. All told stories of being turned out by their families, exiled by neighbors, and assaulted by classmates or neighborhood gangs.

Michael, who has the blond hair in the photograph above taken days after the raid, left his community three years ago at age 17 after being threatened at gunpoint for being gay. To his right, straddling the ditch, is Fancy Face, who is 23. She said she left home around a year and a half ago when local papers published a picture of her cross-dressing at a party raided by police.

On the far left, holding the pink handbag, is Davel. He was the youngest of the group — 15 — when his siblings forced him out of his mother’s house five years ago.

Davel now speaks with a kind of appreciation about the daily beatings his brother used to administer hoping to scare him straight: “He wasn’t really beating me to damage me. He was saying, ‘[This] is Jamaica’ … and he [was] showing me that when I get older and other guys come at me, they won’t have any mercy.”

Davel’s story spoke to the difficulty many gay and trans teens have in finding a home in Jamaica. First he went to a “capture house,” an abandoned building taken over by gay and trans squatters. Community uproar got the squatters evicted from that house, and from the next house he went to, and the next.

For a time, he had a boyfriend who took him in. But when their relationship faltered, Davel wound up on the streets. In August, he met some of the New Kingston group on Half Way Tree Road, a busy commercial district a short distance away that serves as a gathering spot for LGBT youths in the area.

They took him to the sewer, where he had to climb over a guardrail and lower himself down a 10-foot drop. The “bedroom” was the fetid tunnel running under the busy road. His first night there, he said, was “kind of horrifying.”

The Dec. 1 raid — which was followed by another police visit the next day — was just the latest in what the group said has been a three-month campaign of police harassment. On the night of the raid, police burned their few possessions, including food and clothing donated by LGBT rights activists; the gray muck along the bottom of the channel were the ashes, they said. In previous raids they were pepper-sprayed, beaten with batons, and shot with metal marbles fired from slingshots, they said. Murdock denied the group had been brutalized and denied having burned their belongings.

Police are not the group’s only problem. “Here in the gully anyone can climb down at any time,” Davel said. “You are probably asleep and they come throw stones at your head, catch [you] on fire. Because that’s what Jamaica is for and all about with homosexuals.”

Like India and many other former colonies, Jamaica’s law criminalizing same-sex intercourse is a relic of British rule. It is known locally as the “buggery law.”

Justice Minister Mark Golding told BuzzFeed that a proposal to revise the code had been drafted, but not yet put to parliament — there have been too many other contentious issues already on the agenda since this government took office in 2012, he argued. Golding said he hoped to place a broader review of the country’s sexual offenses law on the agenda in 2014, believing that might enable discussion of the question in a “more sober” way.

Despite the hope for reform, Golding said violence against LGBT people in Jamaica did not stem from the buggery law, but was rather a reflection of high violent crime rate overall. “It is not illegal to be gay in Jamaica,” he said. “Many Jamaicans know that.”

Dane Lewis, director of J-FLAG, said homeless LGBT youth face particular challenges in the country: “They’re out there because their communities are not at all interested in allowing them in being part of that space. They remain out there because we have a society that says, ‘Yes, they are second-class citizens and the state does not feel it needs to provide protection.”

They have also posed a challenge for the Jamaican gay rights movement.

In 2009, J-FLAG collaborated with the organization Jamaica AIDS Support for Life to set up a shelter for LGBT youth a short distance from the New Kingston sewer. It housed 11 boys and one girl; all but one or two of whom were HIV positive.

The youths were difficult and scarred — nearly all were victims of physical and sexual abuse, and sometimes they lashed out. When pilot funding ran out in early 2010, the groups were forced to shut the program down and provided aid on an ad hoc basis. The problems only grew. There were altercations with staff and break-ins, and those who felt they were not getting the services they wanted sometimes threw stones at J-FLAG’s building. J-FLAG provided meals a few times a week to around 30 kids, but they weren’t allowed access to the bathrooms and so they defecated on the property.

When J-FLAG was forced to change location for unrelated reasons in the spring of this year, activists decided to keep their new location secret, which had “a lot to do with” not wanting the youths to find them, Lewis said. Now, he says, the youths have become their own worst enemies.

He sympathized with Murdock, the police commander, saying he “really is challenged because [the youths] have created for themselves a problem [in] the spaces that they would congregate in.”

They have also created a problem for other LGBT Jamaicans, he argued. “They have eroded some of the gains that we have made towards greater tolerance,” he said. “Some people automatically think — because that’s the only representation that they know of gay people — that that’s how the majority of gay people behave.”

That attitude drew sharp criticism from Yvonne McCalla Sobers, a veteran activist: “It’s a damn class thing… The [youths’] bad behavior is processed in a way that puts the blame on the youth, although the youth are not blameless.”

She said that activists like Lewis, who are insulated from the threats less well-off gays face on the streets by living in gated communities and driving cars, don’t fully appreciate why the youth act out.

“It’s safe to assume that those who don’t support themselves with prostitution support themselves with robbery, but they have to find some way to survive,” she said. “They are pretty battered by the time you meet them.”

McCalla Sobers is a 76-year-old former schoolteacher and founder of the anti-police brutality organization Families Against State Terrorism. She was often a representative for J-FLAG in the years when its members were too frightened to be identified as gay in the press. Now, she is helping coordinate an effort to establish a shelter for the youths living in the sewer.

The person pushing hardest for the shelter’s creation is Maurice Tomlinson, who brought the lawsuit trying to get the LGBT rights ad on television. Another person who worked closely with the youths, Micheal Forbes, is now seeking asylum following periods of near-homelessness after a mob chased him from his aunt’s home in the northern part of the island earlier this year. McCalla Sobers is also getting some help from a newly formed lesbian organization, Quality of Citizenship Jamaica.

They are calling the shelter Dwayne’s House, in honor of the trans youth killed in Montego Bay in July, and launched a fundraising campaign this month. They estimate that it will take $150,000 to establish a shelter to house 50 youths and will cost a monthly $450 per resident to keep it running.

Until the shelter is established, however, the youths’ situation grows more dire.

Ten days after the police raid, heavy rain accomplished what Murdock could not: Flooding forced the kids to flee the sewer. They have temporarily taken shelter in front of nearby businesses, keeping a constant eye out for security guards, waiting for the rain to subside.

The homeless boy calling himself Michael said, “They just want to get rid of us … but we don’t have anywhere to go. We have to stay right there until something is done for us.”

J. Lester Feder is a foreign correspondent for BuzzFeed and 2013 Alicia Patterson journalism fellow.

Categories
LGBTQ

What Would You Do To Become A Father?

Meet Roy Daiany and Fabrice Houdart. In seeking out fatherhood, the Washington couple faced many hurdles in building their family beyond simply getting their union recognized.

Posted originally on Buzzfeed News on Mar 22, 2013

WASHINGTON — Days before moving furniture into their new house in D.C.’s LeDroit Park neighborhood, Fabrice Houdart and Roy Daiany were still arguing about where to put the master bedroom.

Roy was leaning toward the large front room on the second floor, which had a view of the newly refurbished Howard Theater on the other side of Florida Avenue. Fabrice wanted to turn the third floor into a master suite. This would give them a little space from the nursery on the second floor. In just a few months, they would be fathers.

“I’m planning to raise the children the French way,” Fabrice joked. “They can come visit for a while and then come back downstairs with the nanny.” Plus, the room on the third floor was closer to what Fabrice had dubbed the RuPaul’s Drag Race room. It was the only spot Roy would be allowed to watch the program or another favorite, Mob Wives.

They didn’t have a whole lot of time to get the house ready. They were surprised to learn five months earlier that their surrogate mother was pregnant. They hadn’t expected the process to work on the first try. It often takes many tries to get an embryo to implant, and their egg donor had given them a disappointingly small number of eggs to work with. But the surrogate was not only pregnant — she was carrying twins. One is Fabrice’s biological child; the other is Roy’s. They are due in May.

The process of getting pregnant was miraculously easy compared with the legal nightmare that preceded it. It required consulting lawyers on three continents and spending twice what they had expected on the process. There are many more hurdles for a same-sex couple trying to build a family than just getting their union recognized, they found.

Fabrice, who is French, grew up in an upper-crust Parisian family and now works in the World Bank’s Washington headquarters. His fair features make him look much younger than his 34 years. On the day they gave me a tour of their house, he was wearing a white waffle shirt and a pair of Diesel jeans with a six-inch rip in the crotch. He’d locked himself out of the house that morning and ripped his pants trying to get back in by jumping over the 8-foot-high wooden fence separating their backyard from the funeral home next door.

Roy is a 32-year-old American who grew up in New York and Tel Aviv. He is dark and stubbly and was dressed that afternoon every bit like the hipster Google employee he is: blue hoodie, plaid shirt, Converse sneakers. He liked the idea of having the master bedroom just on the other side of the nursery’s door. “I want to be near my babies,” he said.

Decorating the rest of the house caused less debate. A friend suggested they paint the nursery a light green rather than blue — they didn’t want to oppress their sons if they turned out to be transgender. (The color would also accent the tile work around the fireplace.) Fabrice wanted to paint the front door black and strip the banisters down to their original wood; Roy didn’t care — his domain was the granite-countered kitchen.

For those gay couples who want to be biological parents, they must navigate a shifting patchwork of laws governing surrogacy and in-vitro fertilization, technology that is banned or denied to same-sex couples in many places. France is one of these countries, with a law so strict that it will not grant citizenship to the children of French citizens born in countries where surrogacy is legal. Fabrice and Roy had planned to work with a foreign surrogate because the process abroad costs a fraction of what it does in the U.S. But there was a risk they would never be able to get the child out of the country of its birth if Fabrice was the biological father.

They ultimately found the resources to have the child in Pennsylvania. But their struggle reflects that once same-sex marriage is a reality, much harder questions will remain about what equality really means for same-sex couples. Does biological parenthood remain a right for same-sex couples even thought their biology makes that impossible? Will restrictions on certain types of assisted reproduction one day be regarded as fundamental barriers to full equality for gays and lesbians the way same-sex marriage has become?

Roy had long dreamed of being a father. When he was coming out at age 17, he believed he would probably have to give up on getting married. But he never thought he would have to sacrifice having a family.

“For me, really having a family and being a father was always and absolute, I always wanted it, I knew it was going to be part of my life — I never wanted to give up on that dream because I was gay,” Roy told me in a boutique coffee shop across the street from the couple’s new house. And though he has a lot of respect for those who adopt, he always wanted biological children. “I always dreamed of having biological children of mine and my partner’s,” he said.

But marriage still seemed a little weird to him.

“I never thought about myself getting married because I’m a gay man. One of the things that I gave up on is marriage,” he said. The test of a mate was not whether he could imagine one day exchanging rings with him — it was whether “you can picture your life in 20 years with you and him, sitting in the living room, reading the newspaper while the kids run around.”

Before Fabrice started dating Roy, he didn’t think either fatherhood or marriage was in his future. When he came out to his parents at 24, he recalls his father saying, “Well, it’s very easy to be gay when you are young, but when you are old … you age alone.” Much of his family remains chilly toward his relationship to Roy; his grandfather recently marched in the protests against France’s impending legalization of same-sex marriage and then posted pictures of it on Facebook.

When I met Fabrice one afternoon in the atrium of the World Bank’s glass-and-metal headquarters by the White House, he told me he’d believed that a long-term relationship “was not something that was in the cards.” He had a hard time imagining a future, even after he started dating Roy in 2008.

“I have been a very unhappy gay man for years, and I thought my life would be over at 30,” Fabrice said. His struggle with these doubts delayed their plans to start a family. But by New Year’s Eve of 2012, the couple felt ready to move ahead. “He was feeling better and healthier, and [it seemed like] he felt like he was in the best place of his life,” Roy remembers.

Roy ultimately did ask Fabrice to marry him. He surprised him on his birthday with a ring with three interlocking gold bands modeled on the one French poet Jean Cocteau gave to his lover.

“That’s the only day that I really started to really relax,” Fabrice said; he could count on a future with Roy. And having children on the way has gone further in erasing the shame he felt about being gay. “I’m so proud,” he said.

Fabrice and Roy have had to postpone their wedding — they’d picked out a date in May before they learned that was when their twins would be born. By the time they finally tie the knot, same-sex marriage could be fully legal in both the United States and France.

But many of the roadblocks to parenthood that they’ve encountered will remain even if their marriage is given the force of law.

Assisted reproduction pushes many of the same buttons as abortion in some countries. While in-vitro fertilization is legal in most countries, several, like France and Italy, only allow married, heterosexual couples to access the procedure. Gay male couples who need a surrogate to carry a biological child face even greater restrictions. Countries like China and Germany ban surrogacy outright, and several more make it illegal to pay a woman for carrying a child.

The landscape isn’t simple for those who want to work with a surrogate in the United States, either. Fabrice and Roy could technically have faced jail time if they had hired a surrogate in their hometown. The District of Columbia is the only jurisdiction where contracting a surrogate is a criminal offense, but such contracts are banned or unenforceable in several others. They also couldn’t have worked with a surrogate in Virginia. Like many other states, including Texas and Utah, Virginia only allows surrogacy for married heterosexual couples.

“Surrogacy in general, it’s very state-by-state, country-by-country,” said Meryl Rosenberg, of ART Parenting, a Maryland attorney who specializes in surrogacy arrangements. “You have to be really, really careful.”

Fabrice and Roy went into the process assuming that they would work with an Indian surrogate. It costs less than half what surrogacy costs in the United States, and they knew other couples had gone this route. But they decided India was too risky after consulting with their lawyers. If the child was Fabrice’s, France would not grant the child citizenship and Roy wouldn’t be able to get the child U.S. citizenship either, because the U.S. government wouldn’t recognize him as a parent. There was a possibility that India might also refuse to recognize the child as an Indian citizen too, which could mean an even more serious legal headache.

“I had to really ask if there was a really a big risk [that] my kids [could] not have any nationality or be stuck in India in an orphanage until I find a way to get them out of there,” Fabrice said.

Being unable to use an Indian surrogate may have been a blessing in disguise. India recently enacted rules barring same-sex couples from going there to have a child. But unless they were willing to only use Roy’s sperm — and they wanted chance to decide who would be the father — having the child anywhere outside the country was going to be risky. Fabrice could still technically face problems getting his child French citizenship if the child is born in the U.S., which is important the child ever wanted to live in Europe or study at a French university. But Fabrice’s lawyer expects the French government will ultimately defer to the U.S. government’s recognition of his paternity.

Couples who live in countries where surrogacy is illegal are not so lucky. In February, a couple from Israel got worldwide attention when they put a video online asking for contributions to help them continue finding a way to have a child around Israel’s bans on surrogacy and adoption. They had spent $120,000 in their seven years of trying to become fathers without success.

Despite their difficulties, Fabrice and Roy have been incredibly fortunate. Not only were they able to come up with the more than $100,000 to hire a U.S. surrogate, but, they joke, they’re getting two kids for the price of one. They had the money to buy a house when they realized the second child meant their apartment would be too small. And child care will be considerably easier and cheaper because Fabrice’s visa status gives him the right to hire a live-in nanny from abroad.

They are also fortunate to work for employers that will give them generous paternity leave. The World Bank even has a specific policy for surrogate parents granting them 70 days of leave, the same amount of time given to parents of newborn biological children.

However, Fabrice is still frustrated where he perceives unequal treatment. World Bank employees who give birth to more than one child are entitled to an additional 20 days of leave, and he is fighting to access that benefit. Bank spokesman David Theis said this is a separate medical benefit for mothers who give birth to twins and its application has nothing to do with sexual orientation; a lesbian mother would be able to access it and a straight couple having children by surrogate would not.

But Fabrice says it’s discriminatory to create a benefit that a gay couple can’t access. Plus, they’ve had plenty of unique difficulties in having their twins, and the Bank should take that into account.

“My point of view is that it’s very hard to create your own family as a gay man, and you’re already starting from a pretty low point,” he said. “The reaction of my parents, the reaction of society … and plus the emotional journey of surrogacy, which is a difficult one.”

Although there isn’t a lot of data on how common families like Fabrice and Roy’s are, they seem to be growing in number. A recent study by UCLA’s Williams Institute found that 27.4% of all lesbian couples and 10.6% of gay male couples are currently raising children. The percentage is even higher among couples who consider themselves married: 34.5% of lesbians and 27.9% of gays. International surrogacy is also a booming trend: A recent survey of five surrogacy agencies reported a 1,000% increase in international arrangements in just the past four years.

Fabrice doesn’t expect the dispute over the additional leave to be resolved until after the kids are born. Right now they’re mainly just scrambling to get the house ready. Any improvements they want to make to the house have to be done before their children arrive, and they have to do the work themselves.

After the cost of the surrogacy and the house, Roy said, “We don’t have any money left to pay someone to do it. When we were making the down payment, we held the couch upside down and shook the change out — we were paying the down payment with change.”

Fabrice has claimed a room at the back of the house, just off Roy’s kitchen, for his library. He’s planning to use it to enjoy an indulgence he had given up to save for the kids: his newspaper subscription.

While the kids run around, he said, “I’m going to take a subscription to The Washington Post and sit in here reading.”

J. Lester Feder is a BuzzFeed contributor and a 2013 Alicia Patterson journalism fellow.

Categories
Race Religion

Show Me the Way of the Hebrews: The Making of an African American Rabbi

Posted originally on Religion Dispatches on JUNE 23, 2010.

The services I attended at Philadelphia’s Congregation Temple Bethel were loud and joyous, but I felt totally out of place. That was a familiar feeling, of course. My two Jewish parents raised me without any religious education. (My father, a butcher, takes an almost perverse delight in flouting his non-belief with gestures like giving me lard as a Christmas present.) But I was more at ease this morning, because it was not expected that I understand the rituals because I look like a Jew. I was one of the only white people in shul that morning, and it was nice to look as out of place as I usually feel.

Bethel is an African American synagogue founded in the 1950s by a woman known as “Mother” Louise Elizabeth Dailey. Today it has an estimated membership of 500 families.

Their mode of worship looked more Pentecostal to me than Jewish. A praise band played throughout the five-hour service, which was punctuated by frenzied moments in which worshippers would run laps around the pews while some fell into ecstatic fits of weeping. They were dedicating a new Torah scroll, and some readers sounded almost like mullahs chanting the Koran, while others sang with an extravagant Ashkenazi style that I had only seen used by Al Jolson in The Jazz Singer.

I was at Bethel on an assignment for The Washington Post, a cover story for the magazine about a new African American synagogue in DC started in 2008 by Mother Dailey’s grandson, Eli Aronoff. (Aronoff claims no Ashkenazi ancestry despite his surname—his father was from rural South Carolina.) Neither my story nor the new congregation succeeded—the Post axed the story during a shakeup of the magazine’s editorial staff in 2009, and Aronoff’s congregation recently decided to disband after two struggling years. But the experience allowed me to ask what it means to belong to a tradition that I had always been taught was my birthright. Does heritage alone make a Jew a Jew? Religious law? And why are these more important tokens of membership in the community that someone’s personal faith?

“Doing away with this New Testament nonsense…”

Louise Elizabeth Dailey was the daughter of a Baptist minister in Annapolis, Maryland, who observed some odd customs. He salted chicken after it was slaughtered, for example, and covered mirrors during a period of mourning. When she saw these same customs observed by a Jewish family for whom she worked as a maid after moving to Philadelphia around 1940, she decided this was more than coincidence. “Coincidence,” she was fond of saying, “is just God’s way of being anonymous.”

She began keeping kosher. She adopted a Saturday Sabbath, which ironically got her fired by her Jewish employers when she refused to wash dishes on the holy day. While raising six children, she started hosting a prayer group in her living room. It quickly grew, its ranks swelling with the large numbers of African Americans then pouring into Philadelphia from the South. In 1951, the group formally declared itself the Bethel Holy Commandment Church.

As the name makes obvious, they were not yet a synagogue. Dailey’s daughter, Debra Bowen, became leader of Bethel after her mother’s death in 2001, and she is the official keeper of her legend. Bowen confessed in a rare moment of candor during an interview with a University of Pennsylvania student named Dan Ross, “One thing that was difficult for [Mother] to relinquish in a really quick way was that we worshipped Jesus Christ.” (Dan Ross’s impressive senior thesis is the only in-depth history of the congregation.)

A group of African Americans who thought of themselves as the children of Israel yet who worshipped Jesus Christ—this is not as odd as it may at first sound. Around the turn of the 20th century, some of the children their forefathers’ white masters. The Hebrew bible’s exodus narrative had long made it central to black theology, making Judaism a logical model for crafting a new faith for free people. But Jesus, too, was important in black faith, and most of the Jewish-inspired denominations that sprang up did not renounce him. Instead, they claimed white Jews were imposters to the faith who had misunderstood Christ’s significance. Broadly speaking, these black “messianic” groups held beliefs that resemble elements of Seventh Day Adventism and Jews for Jesus colored by Black Nationalism and the worship practices of the African American church.

In the mid 1950s, Dailey’s reputation as a preacher came to the attention of the “chief apostle” of one of these denominations, the House of God, Inc. The House of God, founded in Washington, DC in 1918 and later headquartered in Kentucky, describes itself as a “Hebrew Pentecostal” denomination. Bishop S. P Rawlings asked Dailey to affiliate with his church and later recruited her for the third-highest position in its national leadership.

Dailey ensured that Bethel would keep its autonomy, but she signed on with the House of God because it gave her a national platform to share her message. Around the time her first grandchild, Eli Aronoff, was born in 1960, Dailey spent several weeks on preaching tours each year. Exactly what she preached in those years is unclear, but it clearly increasingly challenged Christianity. According to one family legend, a group of ministers in South Carolina put a snake in a house where she was staying as a form of lynching.

Increasingly, her beliefs became more and more grounded in the Jewish daily prayer, the Shema: “Hear, o Israel, … the Lord is one.” By the time Aronoff reached bar mitzvah age, Dailey decided the time had come to renounce Jesus. “There was a moment she said, ‘OK, we’re doing away with this New Testament nonsense—we’re not doing that no more,’” he remembers. Bethel voted to break from the House of God, though about a third of the congregation left Bethel, choosing Jesus over Mother. This included her son George, who remains a House of God bishop to this day.

Once Mother Dailey made this leap, she was neither gentle nor quiet. “This ain’t no milk and no eggs,” she warned during a sermon broadcast on the radio. “This is meat! You can’t digest this, honey, you gonna choke to death!” She let loose with a staccato lyricism:

We’ve been taught lies all our lives.
We were taught that we had two gods—we were taught that we had three gods:
God the Father, God the Son, and God the Holy Ghost.
Hallelujah! HALLELUJAH!
But I heard Satan say:
I’m gonna deceive the people [because] you threw me out of heaven.
I’m gonna exalt my dome above the stars.
And I’m gonna be as the Most High.
I’m gonna make men worship ME
and make them think they’re worshipping YOU!
I know you said besides you there is no other, but I’m gonna give you another god.
I’m gonna tell men they can’t be saved unless you go through this other god!

Dailey used to believe in that “other god,” she told her audience, but the Almighty revealed the truth to her through scripture. “You said in Your word, Israel only gonna be saved … and if you’re not in Israel, you’re not gonna be saved. And there ain’t no Hebrews worshipping Jesus!”

“We know your people were Hebrews”

Just because the Bethelites believed they were Jews did not mean they knew how to practice Jewish rituals—and it certainly did not mean that they were accepted as by those whose ancestors had brought the faith to America from Europe. Neither Dailey nor members of her congregation went before a rabinnical court to convert according to Jewish law. They were not converts, they believed — they asserted that their African ancestors had been Jews before slavery imposed a false religion upon them.

Dailey held up her father’s Judaic customs as evidence of this history, and also pointed to scriptural prophecy: “If you do not observe to fulfill all the words of this Torah,” it is written in Deuteronomy 28, then the “Lord will bring you back to Egypt in ships…. And there, you will seek to be sold to your enemies for slaves and handmaids … [and] serve other deities unknown to you or your forefathers.” The ships were the clincher—why would Jews be carried back to slavery in ships if they were living in the desert? This could only refer to the ships that carried Africans to the New World.

This didn’t wash with the administrations of Jewish schools, which denied Bethelite children admission. Nor was it accepted by dealers of Torahs and other ritual objects, who refused to sell to Bethel. They were even blackballed from buying prayer books.

One person who shared Dailey’s interpretation of history was Morris Shoulson, an Orthodox rabbi who was one of Philadelphia’s best-respected mohels. And it is was through him that Mother Dailey’s lifelong prayer, “God, show me the way of the Hebrews!” was most directly answered.

Performing a circumcision ceremony for a Bethelite family in 1976, Shoulson noticed Eli Aronoff — then an almost painfully skinny teenager — intently watching his every move. He invited Aronoff to come study with him, asking one thing in return. “You must promise me that you will not take what I teach you to [any established] synagogue,” he said. “Take this back to your people so they will know who they are.”

Aronoff remembers Shoulson telling him, “We know your people were Hebrews.” Training the boy was also part of a larger agenda, Aronoff explains. “He wanted to have a conduit, somebody who could go to the [African American] community … [to] educate them about their history and where they come from.”

Shoulson, who died in 1990, was a short, balding man who always had the distracted air of someone trapped in serious concentration. He held classes for students from many different congregations in the row house he converted into a shul by knocking out the walls on the ground floor to create a sanctuary. Aronoff attended classes alongside students from other synagogues around the city, where the rabbi lead informal discussion sessions based each week on a different subject—a ritual’s details, the laws of keeping kosher, the celebration of the High Holy Days.

Shoulson also had Aronoff attend classes at a local Jewish college, and had Aronoff submit to a conversion ceremony in order to be allowed to enroll. “I know who you are,” he told Aronoff, “but the powers that be [don’t].” Aronoff says that it felt strange converting to something he already believed himself to be, but he understood that he was jumping through a hoop in order to achieve a larger goal of getting a Jewish education. “Ultimately, it opened a number of doors for me,” he says.

After completing his studies and receiving his ordination from Shoulson, Aronoff honored his commitment to his teacher by teaching in his grandmother’s congregation for more than 20 years, while earning his living as an accountant. Bethel member Dave McClam, whose mother was among the congregation’s founders, says that Aronoff was “on the cutting edge” of Judaizing their practices as they transformed into a synagogue. “He’s one of the first ones to start with questions about our faith and the Jewish way,” McClam said. “He would go sit in the caucasian setting, and the information he brought back … [provided] clarification” on how to say the prayers, order worship services, and fulfill ritual requirements.

When a group in Washington asked him to leave Bethel and help them build a synagogue, he had no desire to leave. But then he remembered the deal he had made for his training. “I’m willing to help you because I had promised Rabbi Shoulson,” Aronoff told the organizer of the Washington group, Shelliyah Iyomahan. “I will do this even if it comes at some personal sacrifice … if this means that this helps me to fulfill my obligation.”

“This school is for Jewish kids — maybe you can’t read!”

Shelliyah Iyomahan is a solidly built woman who laughs in a way that makes clear she doesn’t tolerate foolishness. She was raised in Brooklyn in a household of Trinidadian Jews, and her husband, Bright, is from a Nigerian community that claims descent from the ancient Israelites.

She set her mind on starting a new congregation after an incident that occurred one morning when she was volunteering in the office of a DC synagogue. There was another African American there, a man also born Jewish, who was answering phones. Someone stuck their head in the office to ask them to come pray—they were short of the ten Jews required to form the minyan. When they joined the group, the leader assumed the black man was a convert, and asked if he had fulfilled all of the process’s legal requirements.

After that incident, she says, “my eyes [were] opened.” Regardless of their devotion to the faith, Jews like her would always be greeted skeptically in DC’s white congregations because of their black skin. Of course, she had also experienced this bias directly—the reception she received when she visited Jewish schools for her children was so hostile that she vowed “never [to] put my children in any Jewish day school in this area, even if it were free.” She remembers, “The looks on their faces [said], ‘You want to enroll your children here?! This school is for Jewish kids—maybe you can’t read!”

Iyomahan and a handful of other black Jews—along with a white woman who was looking for a multicultural setting to raise teach the faith to her Guatemalan-born son—formed a congregation they called Temple Beth Emet, and recruited Aronoff to lead them. They improvised a sanctuary in a conference room of an administrative building of DC’s Sixth and I Synagogue. Sabrina Sojourner, DC’s former shadow representative to the US Congress, volunteered to be the new congregation’s cantor. She had “returned” to Judaism at a major reform synagogue where she felt very much at home, but had felt called to a greater leadership role. In the months before Aronoff moved to the Washington area, Sojourner would start services every Saturday morning at 10:00, often without enough worshipers to form a minyan.

This, sadly, is a large part of the reason Beth Emet proved unsustainable—they never achieved critical mass, and they were strapped for resources because they were launching a small congregation during the recession. But their faith and need for a community lead them to try for two years before giving up.

What a Jew looks like

While working on my story for The Washington Post, I attended services almost every weekend for several months, more time than I have ever spent in synagogue. And I felt more at home in these services than I have ever felt at any other. Lasting two hours or more, so much time was set aside for discussion of scripture and tradition that it felt more like a study group than worship service to me. I didn’t feel expected to know the rituals or the prayers—a good number of Beth Emet’s members were in the middle of the conversion process, and were also learning.

It spoke to my love of history, and my delight in arguing over the meaning of words. But it did not awaken any religious feeling, which part of me hoped it would. The rituals still did not resonate, and the only emotional response prayer elicited was jealousy of those who find such activities so meaningful.

As I was coming to realize this was not my path to Jewish faith, I was reminded that my appearance would always make my Jewishness more accepted than the members of Beth Emet who had worked so hard to build a community to worship. When I arrived early one Shabbat morning, Sojourner was arguing with a young man dressed in a dark suit. He was with a group of orthodox professionals meeting downstairs, and he had tried to abduct Beth Emet’s Torah to use in their services. The minute I walked into the room, he stopped engaging Sojourner assuming I was in charge — because I looked like he expected a Jew to look.

Categories
Music Race

In Lomax’s Place

Money and Music in the Field

The Oxford American, November 2008

Even though Della Daniels had always dreamed of a singing career, she didn’t want to sing for the producer from New York. Michael Reilly had come down to Mississippi to record her nephew’s rap group, the Money Hungry Youngstas. Della first saw the skinny white producer when he pulled up to her sister’s double-wide trailer in October of 2004, and he looked like he was hardly out of college. But Michael had brought real equipment, and she thought maybe this could lead somewhere. Della’s nephew, Kevin, had never really believed that a producer would come from New York to a Mississippi town as small as Como, and his group was not ready to record. One of them was still at school, in the middle of football practice.

With help from her sister, Angela Taylor, Della stalled for time. They told Michael about how their grandfather had recorded for the legendary folklorist Alan Lomax in 1959. They got their cousin, Ester Mae Wilbour, to bring over photographs of their grandfather and the CD with his songs on it. Della and Ester, who were ten at the time of Lomax’s visit, remembered him playing guitar atop his red mare, who would keep time with her hooves. As they talked, Della realized that Michael was so fascinated with Lomax’s work that they were at risk of stealing the show. “It was as if he had read the man’s biography and seen himself in it,” she thought. “It’s like he put himself in Lomax’s place.”

When he asked the ladies to sing, Della and Angela looked each other right in the eye and thought, “We can’t do this to Kevin.” But Kevin still had not rounded up his group, so what could they do? The three large women reluctantly stood up, settled on a song they used to sing on Mother’s Day at Mt. Mariah Colored Methodist Episcopal Church, and shook the trailer’s walls with their voices. When they finished, the soft-spoken Michael quietly said, “Awesome,” but they could see the depth of his excitement in his reddening face. Ester could tell their singing had the effect Angela and Della feared. “When you come back next time, you’ll be coming back at us,” she told Michael.

Though the hip-hop he had come for did not pan out, Michael was in a “blissful state” driving out of Como. The trip had started as a half-baked plan to make a movie with two friends, a slapstick buddy film improbably combined with a journey through Lomax’s old stomping grounds. The twenty-seven-year-old Michael was not much of a “producer” at the time—he was working a meaningless job in the office of a New York construction contractor called ZZZ Carpentry and living in a room too small to stand up in. But he had discovered the Lomax Archive at Manhattan’s Hunter College, reconnecting with music that had hooked him ever since he had heard one of Lomax’s Mississippi recordings in an African American music class he took in college. Needing to shake up his life, Reilly came up with the idea of making a film with the help of two friends.

The Archive suggested he visit Como because Della Daniels had just sent them a CD of the Money Hungry Youngstas in the hopes that her grandfather’s connection to Lomax might be the ticket to a music career. The film never got made, but Michael quit his job at ZZZ Carpentry almost a year later and returned to Como in June of 2005 with a high-end field recording setup he had put on a credit card. He set up a recording session at the Mt. Mariah church with the three women he met on his first visit, whom he had come to call the Como Mamas. He shopped a CD of their work after he returned to New York, ultimately hooking up with Brooklyn-based retro-soul label Daptone Records. The label sent Michael back to Mt. Mariah in 2006 to record more tracks with the Como Mamas and five other local acts whom Della Daniels helped recruit. In August, Daptone released Como Now, a collection of searingly powerful a cappella gospel.

It is ironic, yes, that the album is called Como Now, when Michael passed up recording a hip-hop group to make a gospel CD that Alan Lomax could have made. Lomax believed the folksong collector was fighting against the music industry’s “corrupting” influence by preserving the talent of people who could not appreciate their own worth. But Lomax’s notion of “folk music” does not make sense in Como—“I wasn’t really in touch with that word, folk music,” Angela Taylor says.

In Como, records and money go hand in hand. And it is only because the Pratcher family believed their music had value—cash value—that this “folky” recording ever got made.

***

Michael Reilly’s road to Como really began when Ida Mae Carter got a check from the Alan Lomax Archive. Ida Mae is the Como Mamas’ aunt, and she was one of many relatives who recorded for Lomax at the same time as their grandfather, Miles Pratcher. (Some of the Pratcher family’s recordings can befound on Atlantic’s Sounds of the South and volume three of Rounder’s Southern Journeys.) Ida Mae told Della, “I got a check! Three hundred dollars! He’s still sending us money!” Della reported this to her cousin, who started to wonder why she was not getting royalties on recordings she remembers her mother making for Lomax. The cousin called the Archive, where an employee named Bert Lyons said he would be interested in connecting with the younger generations of Pratchers.

Della pounced on the opportunity. “Kev’ an’ ’em got this record, girl!” she exclaimed. Hoping to give Kevin the shot at a musical career she had wanted at his age, Della had already been checking out library books on the music business and had written to record companies without success. From what she learned, you could not promote a record without an established producer. “We down here trying to promote this record,” she told her cousin, “[Bert] might have somebody who may be interested in some rap.” Her timing had been perfect. She called Bert right around the time Michael asked him to recommend some musical stops for his road-trip film.

The Pratcher family has a complicated relationship to the Lomax royalties. Sizeable checks like the one Ida Mae Carter received were rare—usually they were for four or five dollars, and sometimes for as little as seventy-two cents. They heard about Lomax’s ties to the Library of Congress and the archive that bears his name in New York. “I don’t know what his studio looked like in New York, but Alan Lomax must really have done good,” Della says. The small, erratic payments that showed up in their mailbox made her wonder: “Had Alan Lomax really been fair to the people that he recorded?”

Her grandfather and other relatives had mostly been illiterate, and Lomax came through at a time when segregation made it all but inevitable that a white man would take advantage of black folks. “I felt like Alan Lomax knew there was no way for them to know…whether he was being fair or not,” Della explains, saying she had overheard her aunts’ suspicions that they had been cheated. Perhaps the occasional payments were just token amounts to assuage his guilt? “I believe that Alan Lomax had a conscience,” she says. “I believe that there was a part of him that knew that he didn’t really need to come down to Mississippi and just take advantage of poor helpless black people that didn’t have anything.”

Charges of racism have plagued Lomax, in part because his work is sometimes conflated with that of his father, John Lomax. The senior Lomax was a paternalistic segregationist who once infamously described the Louisiana inmate musician Leadbelly as “a nigger to the core of his being” in a letter to the New York press. Alan Lomax, on the other hand, was a liberal, but was limited on racial matters by what folklorist Patrick Mullen called an “arrogant lack of self-awareness.” Alan came under heavy criticism for copyrighting Leadbelly’s songs and those of other musicians he recorded under his own name. But, according to fellow blues scholar Jeff Todd Titon, Lomax justified this because he needed to earn a living in order to keep collecting songs. “I don’t think he could see that it was problematic,” Titon remarked.

Lomax Archive associate director Don Fleming is weary of battling allegations that Lomax exploited the people he recorded. He says that members of the Archive staff have at times dedicated more than thirty hours per week tracking down musicians’ heirs. Fleming would not disclose the exact terms of Lomax’s agreement with the Pratchers, but he said they were “on par with standard industry contracts of the same time” in which Lomax would have been compensated as the record’s producer. Industry practice gives musicians and producers only a small share of profits, with the lion’s share remaining with the company. According to Bruce Nemerov, former audio archivist at Middle Tennessee State University’s Center for Popular Music, an artist might receive a royalty in the neighborhood of six to eight percent, while some producers would get a fee equal to roughly half that amount in the late ’50s. Though Lomax had put his name on the copyrights of songs he collected, the Pratchers were assigned the copyright for the song on the collection released by Atlantic.

The suspicions Della Daniels and other Pratcher family members harbor likely arise from expectations about records that clash with Lomax’s. “I heard maybe my aunts and things say they didn’t really feel like they got like what they should have gotten because they felt records made a lot of money,” Della says. For Lomax, however, recordings were first and foremost tools to preserve treasured songs, not a major source of revenue. Sales of Lomax’s Como recordings were modest when they were first released by Atlantic records in the early 1960s, as they are with the Rounder reissues. The Lomax Archive says the Rounder reissue of Southern Journeys has sold under ten thousand copies in ten years, and only eighty in the last six months. When such small sales are divided up between all the artists’ heirs, royalty checks sometimes go out for well under one dollar.

Michael is about as mild-mannered as Alan Lomax was blustery, and the Como Mamas gained confidence in him as their collaboration proceeded. “We trusted Mike,” says Angela Taylor, “Mike is like part of our family now.” But Della also felt comfortable because she had prepared herself. “Even though I didn’t have anything but maybe a twelfth-grade education…. I had educated myself again as to what was going on today, and I felt like we weren’t going to just jump up and sign something without knowing or believing.” And they did in fact turn down the first contract Michael brought them, from Rounder Records, which appeared to benefit the record company at their expense. (Michael says he thought it looked like “bullshit,” but wanted to give the Como Mamas a chance to make up their own minds.) Daptone offered the artists a $250 advance and a fifty-fifty split of any profits, which Daptone co-founder Gabriel Roth presented to the artists in a meeting at Mt. Mariah.

Michael returned to Mt. Mariah in September 2008 to deliver copies of the CD to the musicians, who were going to be performing a concert in Memphis the next day. They sat in small clumps around the church’s one room. Reilly wanted the meeting to be informal, but Della was so excited she set up the church microphone so that it would feel like more of an event. “Y’all just don’t know how long we’ve been trying to sing—yes, we thank you, thank you, thank you!” she told Michael. “I had given up on anybody ever being willing to put any money behind it, anything I was doing.”

Tonight, she felt like the chance she took with Michael was finally leading to a career in music. Fresh out of high school, Della wrote a song she still believes should have been a country hit. Not that she intended it to be a country song (“I’m black,” she laughs. “I won’t sing country and western”). But the only way she could find into the music business was through a Nashville company advertising in the back of the pulp magazine, True Stories. Saving up eighty-nine dollars from her job at a hospital drawing blood, she mailed a set of lyrics to Music City and got back two 45s of her words set to a country arrangement. “I believe to this day I wrote a hit,” she says, “but there was no way for me to do anything with it.” She ached to be on the radio. “I used to say to myself, ‘I wish I could climb up a light pole and figure out how to play it and make it go into all these homes.’”

The lyrics came out of twin tragedies: her mother had died, and a man she thought loved her suddenly married someone else. “The name of the song was called ‘Mighty Jesus’ because no matter how hard I tried to get away from church, it was in me,” Della explains. She felt like “church music wouldn’t make me any money,” and she would have pursued a career singing in nightclubs if her strict mother had not stood in her way. But after she realized there was no way to get her songs on the radio even if she paid to have them recorded, Mt. Mariah and the other churches in her hometown became the only place to keep her dreams alive. “I just kept a-singing, kept a-singing, kept a-singing,” she remembers. “I used to want to think when I go ’round to churches and things to sing, who knows who’s visiting that church that day.” There was always a chance someone sitting in the back had ties to the music industry.

And now, some fifty years later, her improbable fantasy came true: a producer was in her church delivering a CD with her name on the back. Some of the musicians sitting in Mt. Mariah’s pews had been less ready than Della to take the chance. Della, whom Michael asked to find more singers for the 2006 session, originally wanted to charge other musicians twenty-five dollars to record as a way to raise money for Mt. Mariah. But the Pratchers were not the only family that felt they had been burned by music collectors. Only one group was willing to pay the fee. Even once she waived the twenty-five dollars, she had to coax singers like Brother Raymond Walker and his wife to join Como Now. Others before Michael had come to Como to record Brother Walker, who had crossed paths with Sam Cooke and the Soul Stirrers when he sang on the gospel circuit in the ’50s, and nothing had come of it. But Della’s pleading convinced him to record a deeply moving call-and-response spiritual with his wife, Sister Joella Walker, which they wrote together in their youth while working the cotton fields. Now Daptone is planning to release another CD devoted to the Walker Family, along with one dedicated entirely to the Como Mamas.

The Walkers and the other musicians gradually left Mt. Mariah with copies of their CDs, until only the Como Mamas and a couple others remained. Robert Smith, a steward at Mt. Mariah who had been too skeptical of Reilly to sing for the record, was among those who lingered. Della offered him the microphone and coaxed him to sing. “I tried to get him to sing that night” they recorded, she told Michael. “Come on Robert, just sing him a verse of a song.” Maybe seeing the CD changed his mind—the stooped man carefully made his way to the front of the church where Della sat with Angela Taylor and another singer, Mary Moore. Robert quickly tested the microphone before turning loose a powerful vibrato. “Looooord, I hope I meet you!” he called. The three women answered in unison, their voices like bugles sounding a battle call for Jesus.

“When we sell all we can and can’t sell no more, they gonna come get you,” Della teased Robert. “Then you gonna make some money! It’ll start all over again.”