Issue:  Vol. 44 / No. 31 / 31 July 2014
 

Oakland Pride to have parade this year

Festivalgoers enjoy themselves at Oakland Pride. (Photo: Courtesy Oakland Pride)

Festivalgoers enjoy themselves at Oakland Pride. (Photo: Courtesy Oakland Pride)

Oakland’s fifth annual LGBT Pride celebration is just over a month away and this week, organizers announced that for the first time, there will be a parade to start the day.

The event bills itself as northern California’s second largest Pride festival and it’s one of the most diverse in the country. This year’s parade and festival take place Sunday, August 31, over Labor Day weekend.

According to an e-newsletter from Oakland Pride, the parade will start downtown at 14th and Broadway and head to the festival site five blocks away at 20th and Broadway, in the city’s Uptown neighborhood. To join a contingent or to register your own, visit http://www.oaklandpride.org/parade_map.

There is no cost to watch the parade, although there will be a VIP grandstand at Latham Square where advance tickets are $5 ($10 the day of the event). Access is free for persons with disabilities.

Admission to the festival, which runs 11 a.m. to 7 p.m., is $10 for adults and $5 for children ages 12 and under. For more information, visit www.oaklandpride.org.

The Bay Area Reporter will have more coverage of Oakland Pride in coming weeks.

— Cynthia Laird, July 29, 2014 @ 11:24 am PST
Filed under: News


Perez drops controller recount effort

Gay former Assembly Speaker John A. Perez on Friday dropped a partial recount in the state controller’s race, conceding that Board of Equalization member Betty Yee came in second and will face Republican Fresno Mayor Ashley Swearengin in November.

John Perez (Photo: Rick Gerharter)

John Perez (Photo: Rick Gerharter)

According to KQED, the move came after Perez picked up only a handful of votes in Kern and Imperial counties, two parts of the state where he thought he would get more votes in a recount.

Yee beat Perez by only a few hundred votes in the June 3 primary, coming in second place.

In a statement, Perez said, “There is simply not enough time to see this process through to the end, given the fact that counties must begin printing ballots in the next few weeks in order to ensure that overseas and military voters can receive their ballots in a timely manner.”

[Updated: In a brief interview late Friday afternoon, Yee told the Bay Area Reporter that she was "relieved" the recount had been stopped.

"I'm relieved and thankful and we can begin work on party unity and the November election," Yee said.

Yee said that Perez was "gracious" in a call to her.

"I did get a call from Speaker emeritus Perez," she said. "He was very gracious and he offered support."

As for next steps, Yee said she will continue to gather endorsements and raise money. She said that according to the secretary of state's website, Swearengin is not accepting campaign spending limits, meaning it is likely the Republican Party will pour money into the race. [End of update.]

California Democrats had been pressuring Perez to end his bid, media outlets reported this week. The state party donated $50,000 to Yee’s campaign earlier this week and endorsed her.

— Cynthia Laird, July 18, 2014 @ 4:44 pm PST
Filed under: News,Politics


SF archbishop to speak at anti-gay march

(San Francisco Archbishop Salvatore J. Cordileone is a featured speaker for NOM's March for Marriage. Photo: Courtesy NOM)

(San Francisco Archbishop Salvatore J. Cordileone is a featured speaker for NOM’s March for Marriage. Photo: Courtesy NOM)

San Francisco Archbishop Salvatore J. Cordileone, an outspoken opponent of same-sex marriage, is scheduled to speak at the National Organization for Marriage’s march and rally next week in Washington, D.C.

According to NOM’s website, the June 19 March for Marriage lists Cordileone as a featured speaker, along with several well-known anti-gay leaders. On Tuesday the archbishop’s name and photo were briefly removed from the website, but by late Tuesday Cordileone’s photo was back on the site.

On Tuesday, June 10, 87 LGBT leaders and allies signed an open letter to the archbishop, asking that he cancel his participation in the march and rally. Signers of the letter include a who’s who of LGBT leadership: state Senator Mark Leno (D-San Francisco); Assemblymen Tom Ammiano (D-San Francisco) and Rich Gordon (D-Menlo Park); and Supervisors Scott Wiener and David Campos. Business leaders also signed on, including Selisse Berry, executive director of Out and Equal Workplace Advocates.

Allies include Lieutenant Governor Gavin Newsom, San Francisco’s former mayor, and Eva Paterson of the Equal Justice Society.

The letter, also signed by dozens of religious and faith leaders, makes mention of Pope Francis’s comment from last year, when he said, “If someone is gay, who searches for the Lord and has good will, who am I to judge?”

“We respect freedom of religion and understand that you oppose civil marriage for same-sex couples,” the letter states. “But the actions and rhetoric of NOM, and those of the event’s speakers and co-sponsors, fundamentally contradict Christian belief in the fundamental dignity of all people.”

The letter goes on to explain NOM’s well-documented history of publishing material that “connects homosexuality with pedophilia and incest…” It also points out that march co-sponsor the Family Research Council has been designated a hate group by the Southern Poverty Law Center.

Religious leaders signing the letter include the Right Reverend Wendell N. Gibbs Jr., 10th Episcopal bishop of Michigan; the Reverend Cedric A. Harmon, co-director of Many Voices: A Black church Movement for Gay and Transgender Justice; and the Reverend Elder Nancy Wilson, moderator of the Universal Fellowship of Metropolitan Community Churches.

LGBT community center directors also signed the letter, including Rebecca Rolfe from San Francisco, Leslie Ewing from the Pacific Center in Berkeley, Ben-David Barr from the Rainbow Community Center in Concord; and Lorri Jean from the Los Angeles LGBT Center.

Calls to the San Francisco Archdiocese seeking comment on Cordileone’s participation in the march were not immediately returned.

— Cynthia Laird, June 11, 2014 @ 10:39 am PST
Filed under: News,Politics


Kaplan jumps into Oakland mayor’s race

(Rebecca Kaplan announces her bid for Oakland mayor on a street corner in East Oakland Thursday, June 5. Photo: Jane Philomen Cleland)

(Rebecca Kaplan announces her bid for Oakland mayor on a street corner in East Oakland Thursday, June 5. Photo: Jane Philomen Cleland)

Oakland City Councilwoman Rebecca Kaplan jumped into the crowded mayoral race this week, releasing a professional looking 30-second video in which she declares “Oakland isn’t ungovernable – it’s just ungoverned.”

Kaplan formally announced her candidacy at a 1 p.m. news conference Thursday (June 5) in East Oakland. She is currently the at-large representative on the City Council and easily won re-election two years ago. She does not need to give up her council seat to seek the mayor’s office.

The only out LGBT candidate in the 17-person field, Kaplan, 43, who once said she would not run against incumbent Mayor Jean Quan, has changed her mind and will seek the city’s top office in November.

At the news conference, held at the trash strewn corner of 92nd Avenue and International Boulevard, Kaplan pointed out that the city had approved money in the budget for blight clean-up but that the jobs had not been filled. She said she is different from the other candidates but acknowledged that some people may have already made commitments to others running for mayor. She said if that’s the case she understood, but asked that she be given consideration as their second choice in Oakland’s ranked choice system.

That sentiment was similar to her mayoral bid in 2010 when she and Quan each asked the other’s supporters for their number two vote on Oakland’s ranked choice ballot. The strategy turned out to be a successful effort to block candidate Don Perata, although Kaplan came up short in that race.

Kaplan also faced questions at the news conference that she is too nice, a criticism echoed in other news accounts. Kaplan said that she would be able to make the “tough decisions” as mayor and has voted on difficult issues before, such as her vote to keep police officers during a city budget battle a few years ago.

Regarding Oakland’s troubled police department. Kaplan said that officers who are over-worked and stressed out are more likely to make mistakes than those working at a fully staffed precinct. She would make proper staffing at OPD a high priority.

In the video, Kaplan says that the city “needs strong, stable leadership – for safe neighborhoods, for local jobs, and for a fresh start for our city.”

It remains to be seen how Kaplan’s entry into the race will be received by the city’s large LGBT community. Gay Oakland Port Commissioner Michael Colbruno, who supported Kaplan four years ago, is backing Quan this time. But judging from Kaplan’s Facebook page, a number of LGBT people have “liked” her announcement.

Kaplan enjoys high name recognition in Oakland, something that many of the mayoral candidates lack. A poll last November by the pro-business Jobs and Housing Coalition showed Kaplan leading the field with 26 percent – 6 points ahead of Quan and roughly 10 points ahead of San Francisco State professor Joe Tuman and Councilwoman Libby Schaaf.

Other mayoral candidates include city Auditor Courtney Ruby, Oakland Port Commissioner Bryan Parker, and civil rights attorney Dan Siegel, who used to be an ally of Quan’s but broke with her over the mayor’s handling of Occupy protesters three years ago.

Last month, Kaplan became engaged to her partner, Pamela Rosin, owner of Awakening Presence Somatic Counseling in San Francisco’s Castro district. Kaplan’s spokesman, Jason Overman, said a July 26 wedding is planned.

— Cynthia Laird, June 5, 2014 @ 10:37 am PST
Filed under: News,Politics


Judge strikes down Virginia marriage ban

A federal judge in Norfolk, Virginia, struck down the state’s ban on same-sex couples marrying but stayed the execution of her order that it stop enforcing the law, pending appeal to the 4th U.S. Circuit Court of Appeals.

Judge Arenda Wright Allen (an Obama appointee) opened her 41-page decision with a quote from a book by Mildred Loving, the African American woman who won a lawsuit striking down bans against interracial couples marrying.

“We made a commitment to each other in our love and lives, and now had the legal commitment, called marriage, to match. Isn’t that what marriage is?” wrote Loving in Loving for All.

In an eloquent, history-laden opinion, Allen acknowledged that a “spirited and controversial debate is under way” regarding same-sex couples marrying, but added, “Our Constitution declares that ‘all men’ are created equal. Surely this means all of us.” She said the ban violates the rights to due process and equal protection and deprives same-sex couples of the fundamental freedom to choose to marry.

“Although steeped in a rich, tradition- and faith-based legacy, Virginia’s marriage laws are an exercise of governmental power,” wrote Allen. “For those who choose to marry, and for their children, Virginia’s laws ensure that marriage provides profound legal, financial, and social benefits, and exacts serious legal, financial, and social obligations. The government’s involvement in defining marriage, and in attaching benefits that accompany the institution, must withstand constitutional scrutiny. Laws that fail that scrutiny must fall despite the depth and legitimacy of the laws’ religious heritage.”

The case, Bostic v. Virginia, was argued by Ted Olson, David Boies, and a team supported by the American Foundation for Equal Rights, the same group that pressed the successful challenge against California’s statewide ban, Proposition 8.

– Reported by Lisa Keen

— Cynthia Laird, February 14, 2014 @ 9:14 am PST
Filed under: News,Politics


Virginia AG won’t defend marriage ban

The attorney general of Virginia announced Thursday (January 23) that his office will no longer defend the constitutionality of the state’s same-sex marriage ban.

At a news conference, Attorney General Mark Herring told reporters his legal analysis of the state’s constitutional ban has determined the law violates the U.S. Constitution’s guarantee of equal protection and due process and that it discriminates against gay people on the basis of sexual orientation.

(Virginia Attorney General Mark Herring. Photo: Reuters)

(Virginia Attorney General Mark Herring. Photo: Reuters)

Addressing critics who say he should defend all state laws, regardless of whether he believes they are unconstitutional. Herring said that would be violating his oath and noted that his predecessors, including Republican Ken Cuccinelli, refused to defend other state laws they believed to be unconstitutional.

“Having determined after thorough and rigorous analysis that this unconstitutional law infringes on Virginia families,” said Herring, “I have a duty and authority to protect them and their rights. It does not mean the case will end or that the ban will go undefended or unenforced. Until the courts can rule on the matter, state registrar Janet Rainey will continue to enforce the current ban, but neither she nor I will defend its constitutionality.”

The announcement comes less than three weeks after Herring was sworn in and just one week before a federal judge in Norfolk is set to hear arguments in the first of two lawsuits challenging the ban in federal court in Virginia.

A spokeswoman for Herring told the Richmond Times Dispatch, “We will file a brief that will change the commonwealth’s legal position and we will argue along with the plaintiffs.” The state’s solicitor general is expected to present Herring’s position when the court hears oral arguments.

Supporters of marriage equality were elated.

“It is a critical and important development when the attorney general – the keeper of the federal and state constitution in the commonwealth – joins us in arguing that barring same-sex couples from marriage is clearly unconstitutional,” said Greg Nevins, counsel in Lambda Legal Defense and Education Fund’s southern regional office based in Atlanta. Lambda Legal and the American Civil Liberties Union are representing same-sex couples in one of two lawsuits currently challenging the Virginia ban in federal district courts.

“This is a great day for the Commonwealth of Virginia,” said Theodore Olson, who is leading the other Virginia lawsuit. “Attorney General Herring’s actions today have brought Virginia that much closer to the quintessential American ideals of equality under the law and the freedom to pursue happiness. We are grateful for his leadership and look forward to working with him to strike down Virginia’s odious marriage ban.”

In another dramatic development, plaintiffs’ attorneys on Wednesday submitted the recent 9th U.S. Circuit Court of Appeals decision in SmithKline v. Abbott that found heightened scrutiny is required for cases involving disparate treatment based on sexual orientation. They ask the judge to apply that reasoning in the summary judgment hearing “or, in the alternative,” grant a preliminary injunction against enforcement of Virginia’s ban against the two plaintiff couples in this case.

Herring’s announcement Thursday represents a climax in an intense political drama over same-sex marriage in Virginia in recent months. Democrat Herring, who voted for the ban when he served as state senator in 2006, won election last November against Republican Mark Obershain, who opposes same-sex marriage, by fewer than 200 votes. In fact, Herring only last August shifted his position on allowing same-sex couples to marry, telling the Dispatch, “I would not want the state to tell my son or my daughter who they can and cannot marry.”

Just one day before Herring took office, Cuccinelli issued an official advisory opinion that the governor “may not direct or require any agency of state government to allow same-sex couples to receive joint marital status for Virginia income tax returns.”

Herring’s spokeswoman, Ellen Qualls, told the Dispatch, “The attorney general has a strong interest in the courts adjudicating this matter, which will ultimately be decided by the United States Supreme Court.”

On January 30, Judge Arenda Wright Allen of the U.S. District Court for Eastern Virginia is scheduled to hear arguments at a summary judgment hearing in Bostic v. Virginia. Famed attorneys Olson and David Boies, who led the American Foundation for Equal Rights’ successful challenge against California’s Proposition 8, are heading the Norfolk legal team. It is not yet known whether Thursday’s announcement might require postponement of next week’s hearing.

The initial named defendants in Bostic are now State Registrar of Vital Records Janet Rainey and Norfolk Circuit Court Clerk George Schaefer.

The amended brief submitted by Herring under Rainey’s signature states that “marriage is a fundamental right protected by the federal Constitution” and that current Virginia law “improperly denies same-sex couples access to” that fundamental right, “without legal justification, and therefore violates the federal constitution guarantees of due process of law and the equal protection of the laws.”

The court also granted intervenor status to Prince William County Circuit Court Clerk Michele McQuigg on January 17, noting that plaintiffs did not object.

A second lawsuit, Harris v. Virginia, led by Lambda Legal and the ACLU, is pending before a U.S. District Court for the Western District.

“The Commonwealth of Virginia has too often argued on the wrong side,” said Herring, referring to historic cases on desegregation in 1954, on interracial marriage in 1967, and on women entering the Virginia Military Institute in 1996.

“The same legal principles that applied in those cases apply in this case today,” he added.

Referring to his 2006 vote in favor of the ban on same-sex marriage, Herring was blunt.

“I was wrong to stop short of marriage equality,” said Herring, but he added his decision now “is not based on my policy preferences” but “based on my thorough analysis of applicable law and the constitutional questions raised by this case.”

“Virginia is, in many ways, the cradle of democracy,” said Herring, noting that many of the nation’s early presidents and authors of key government documents, including the Constitution, were written by Virginians.

“Too many times in our history our citizens have had to lead the way on civil rights while our leaders have stood against them,” said Herring. “It is time for the commonwealth to be on the right side of history and the right side of law.”

– Reported by Lisa Keen

— Cynthia Laird, January 23, 2014 @ 12:38 pm PST
Filed under: News,Politics


Supreme Court halts Utah marriages

After two weeks of same-sex couples receiving marriage licenses in Utah, the U.S. Supreme Court on Monday, January 6 ordered a halt to the nuptials, granting the state a stay while the court case is appealed.

The court issued its stay Monday morning, apparently after Justice Sonia Sotomayor referred the matter to the full court. Sotomayor is the justice designated to administer requests for emergency stays for the 10th U.S. Circuit Court of Appeals, but had the option to ask the full court to weigh in on the request.

It takes at least five justices to grant such a stay. The order issued today does not indicate that any justice was in dissent. It states simply that the stay is granted and that the December 20 order by U.S. District Court that prohibited Utah from enforcing its ban is “stayed pending final disposition” of the appeal of that decision to the 10th Circuit. Given the 10th Circuit’s briefing schedule for the appeal, that means the ban will be in force for at least three months and likely longer, given anticipated appeals of whatever the 10th Circuit decides.

Peggy Tomsic and James Magleby, with the private law firm of Magleby and Greenwood that is representing same-sex couples in the case, issued a statement following the Supreme Court’s announcement, noting that it is “not unusual” for the court to stay a decision declaring a state law unconstitutional pending appeal and has “no bearing on who will win on appeal.”

LGBT legal activists agreed.

“No one should draw any negative inferences about where the court is leaning. This is an unprecedented situation,” said Shannon Minter, legal director for the National Center for Lesbian Rights, which has several marriage equality lawsuits pending. “Never before has a federal court struck down a state marriage law and then declined to stay it, and never before has a Court of Appeals also declined to issue a stay. For those reasons, the chances that the Supreme Court would issue a stay until the appeal is resolved were always quite high, so the real news here is that so many marriages were able to take place. And it is significant that the court did not rush to act. There is nothing unusual about the issuance of a stay when a federal court strikes down a state law on federal grounds.

“Bottom line,” said Minter, “[is] the prospects for this case still look very bright. And there will never be any going back in Utah.”

The challenge to Utah’s ban (the state constitutional Amendment 3 and related statutes), Kitchen v. Herbert, now proceeds as Herbert v. Kitchen on an expedited schedule before the 10th Circuit. The next briefing date, according to Tomsic, is January 27. The last brief due before oral argument is February 25. The court date has not yet been announced but the next argument session after that deadline is March 17-21.

The Deseret News reports that more than 900 same-sex couples married since December 20, when District Judge Robert Shelby, an Obama appointee, issued a 53-page opinion, striking down Utah’s ban violates the U.S. Constitution’s guarantees of equal protection and due process. Shelby immediately enjoined the state from enforcing its ban, then denied the state’s request for a stay of his decision pending appeal. The state took its request for an emergency stay to the 10th Circuit, where it also filed an appeal of Shelby’s decision. Two judges of the 10th Circuit – one an appointee of President George W. Bush, the other an appointee of Obama – denied the request for a stay on December 24 but put the appeal on an expedited schedule.

“This stay is obviously disappointing for the families in Utah who need the protection of marriage and now have to wait to get married until the appeal is over,” said plaintiffs’ attorney Magleby. “Every day that goes by, same-sex couples and their children are being harmed by not being able to marry and be treated equally.”

– reported by Lisa Keen

— Cynthia Laird, January 6, 2014 @ 9:24 am PST
Filed under: News


Federal judge throws out Utah ban on same-sex marriage

A federal judge in Utah issued a decision Friday striking down that state’s ban on same-sex marriage.

Obama appointee Judge Robert Shelby issued a 53-page decision December 20 in Kitchen v. Herbert, saying the state’s current definition of marriage is not permissible under the U.S. Constitution.

Noting that a court interferes with a law adopted by voters “only under exceptional circumstances,” Shelby said, “Utah’s prohibition on same-sex marriage conflicts with the United States Constitution’s guarantees of equal protection and due process under the law.”

“The state’s current laws deny its gay and lesbian citizens their fundamental right to marry,” wrote Shelby, “and, in so doing, demean the dignity of these same-sex couples for no rational reason.”

Shelby’s order immediately enjoined the state from enforcing its ban, but Republican Governor Gary Herbert’s administration will almost certainly seek an emergency stay of the decision from the 10th U.S. Circuit Court of Appeals.

It is, nevertheless, yet another surge of momentum in the direction of marriage equality in the United States, coming just one day after the New Mexico Supreme Court, in a unanimous decision, said that state could no longer interpret its marriage laws to exclude same-sex couples. That decision made New Mexico the 17th state in the country, plus the District of Columbia, to provide marriage equality and putting more than one-third of states and one-third of the nation’s population in jurisdictions that treat same-sex couples the same as straight couples.

Gay rights advocates praised the decision.

“Today’s ruling by a federal district court in Utah, striking down Utah’s marriage ban, is a huge win, not only for same-sex couples in Utah, but for our entire country,” said Shannon Minter, legal director at the National Center for Lesbian Rights. “This is the first decision since the Supreme Court’s decision striking down the federal Defense of Marriage Act to overturn a state marriage ban under the federal constitution. To have such a historic ruling take place in Utah speaks volumes about our country’s trajectory from discrimination to acceptance and support for same-sex couples and their families. We owe an enormous debt of gratitude to the brave couples who brought this case, as well as to the superb attorney, Peggy Tomsic, who represented them.”

– reported by Lisa Keen

— Cynthia Laird, December 20, 2013 @ 3:43 pm PST
Filed under: News,Politics


Supervisors OK panel picks

BLOG_SFO

The San Francisco Board of Supervisors Tuesday approved applicants for several city panels.

First up, Jon Ballesteros and Maggie Weiland were approved to serve on the new advisory body tasked with selecting a terminal at San Francisco International Airport to name after slain gay rights leader Harvey Milk.

Ballesteros is a gay Latino man who is vice president of public policy at San Francisco Travel, the city’s tourism bureau. Weiland is an analyst with the San Francisco Film Commission and the daughter of former Milk confidant Anne Kronenberg.

The supervisors can appoint four people to the panel, but as previously reported, the rules committee put off advancing two other names to the full board in hopes of finding more diverse applicants. It may reconsider the men, Alex Walker, the Harvey Milk LGBT Democratic Club’s political vice president; and Steven Guilliams, an engineer and code architect, at its meeting Thursday, November 21. Both are white.

Meanwhile, Mayor Ed Lee is expected to name five people to the committee. The panel will have three months to present its recommendations to the board and could also recommend names for all of the airport’s terminals, as well as boarding areas and control towers. There are three domestic terminals and an international terminal.

At its November 18 meeting the supervisors also approved out lesbian G. Joyce Pierson to serve on the LGBT Aging Policy Task Force. She fills the seat that became vacant when trans community activist Jazzie Collins died this summer.

Pierson, who came out in her 40s, is a psychotherapist in private practice.

Finally, the board approved gay city resident Patrick Carney to serve on the City Hall Preservation Advisory Committee. Carney, an architect, is best known locally for spearheading the annual pink triangle installation atop Twin Peaks during Pride weekend.

— Cynthia Laird, November 19, 2013 @ 6:23 pm PST
Filed under: News,Politics


Santa Clara sheriff’s office releases sketch in De Anza College sexual assault

The Santa Clara County Sheriff’s office on Thursday, November 14 released a sketch of a man suspected of sexually assaulting a De Anza College student on campus.

(The Santa Clara County Sheriff's office has released this sketch of a suspect in the De Anza College sexual assault case.)

(The Santa Clara County Sheriff’s office has released this sketch of a suspect in the De Anza College sexual assault case.)

As the Bay Area Reporter reported in an online story this week, a female student, possibly a pansexual or transgender woman, reported that on Monday, November 4 she was sexually assaulted in the campus’ Media and Learning Center building’s first floor women’s bathroom. The victim, who is a 19-year-old student at De Anza College, stated the she was in the women’s restroom when the male suspect entered her bathroom stall and sexually assaulted her. The victim identified the suspect as a De Anza College student based on prior interactions she has had with him on campus, but said they are not friends and she does not know his true name. However, the victim believes he goes by “Johnny” based on her prior interaction with him.

A news release from the sheriff’s office described the suspect as either a white or Hispanic male in his early 20s, 5 feet 8 inches to 5 feet 9 inches tall, weighing between 180 and 200 pounds. He has shoulder length dark brown hair, brown eyes, prominent acne in and around the chin area and clean-shaven. The suspect was last seen wearing a long sleeve, button-up, dark colored shirt with blue jeans.

Anyone with any information on the identity of this suspect, or information on this assault, is asked to contact the Santa Clara County Sheriff’s office at (408) 808-4500 or if they wish to remain anonymous, please call (408) 808-4431.

For the B.A.R.‘s story, see http://ebar.com/news/article.php?sec=news&article=69268.

— Cynthia Laird, November 15, 2013 @ 4:01 pm PST
Filed under: News,Uncategorized


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