PHOTO: Berlin university students carrying away the library from the home of Dr. Magnus Hirschfeld (1868-1935) on May 6, 1933 for a May 10-11 Nazi book burning, (New York Herald Tribune, May 17, 1933)
To honor Hirschfeld's memory, I have become the founding benefactor of the OSU Foundation Magnus Hirschfeld Fund at Oregon State University for research on humans or animals with a minority sexual orientation or gender identity. One hundred percent of my estate will be used to endow this fund after my death.
Here is the text of the completed and signed funding agreement with OSU:
Oregon State University Foundation Magnus Hirschfeld Fund Agreement:
This agreement is made this __31st__ day of __Jan.__, 2005, by and between Thomas Fredrick Kraemer and Kimberley Sue Kraemer of Corvallis, Oregon 97330, representing themselves, ("Donors"), and the OREGON STATE UNIVERSITY FOUNDATION ("Foundation"), an Oregon nonprofit corporation existing for the exclusive benefit of Oregon State University ("University"). In consideration of the pledge by the Donors to the Foundation and the mutual promises set forth below, the parties hereby agree as follows:
On or before the date of this Agreement, the Donors have made this Fund the beneficiary of one hundred percent of the residue of the Donors' eventual estate under their will dated December 9, 2004 to be used according to the terms of this agreement.
The purpose of the Donors in making this gift is to establish a Fund to be known as the:
Magnus Hirschfeld Fund
And to commemorate the life of Dr. Magnus Hirschfeld, a German Jew whose pioneering scientific research center for sexual orientation and gender identity was destroyed before World War II by Adolph Hitler's Nazi regime.
III. CRITERIA FOR USE AND ADMINISTRATION
The Foundation agrees to accept this gift and to administer and distribute the Fund in accordance with the following terms and conditions for the benefit of the University:
1. The principal of this Fund shall be considered an endowment and shall be kept intact and invested in accordance with the investment and spending policies set forth from time to time by the Foundation with only the net income and such net appreciation generated therefrom as the Foundation deems prudent to be expended for the purpose of this Fund.
2. The Foundation may assess such fees as are reasonable and necessary to meet the costs of acceptance, investment and administration, in accordance with the Foundation's fee schedule set forth by the Foundation Board of Governors. Provided however, the Foundation has been appointed the personal representative of the estate of the donor and is entitled to a statutory personal representative fee for so acting. The Foundation agrees that all of the expenses of the probate (including but not limited to court filing fees, attorney fees, tax return preparation, publication costs, and accounting fees) shall be paid from that personal representative fee, it being the intent of the parties that the Foundation will not take the personal representative fee in addition to charging the estate for such expenses.
3. Contingent upon final approval by the University, distributions authorized under this Agreement shall be used annually or otherwise according to the following:
a. To be used to establish the Magnus Hirschfeld Research Fund as an endowment at Oregon State University for research programs concerning humans or animals who have a minority sexual orientation or gender identity and/or by the student cultural center for educational programs that support those who have a minority sexual orientation or gender identity. (See below for examples of previous research programs qualified for the Magnus Hirschfeld Fund)
b. Expenditures may include but are not limited to faculty and staff travel, lodging and travel of visiting scholars, lecturers and research collaborators, supplies and other items which may best serve the needs of the research or educational programs that support those who have a minority sexual orientation or gender identity.
c. Research programs may be in one or more recognized academic discipline. In honor of Dr. Magnus Hirschfeld and to promote academic freedom, funding priority should be given to controversial, multi-disciplinary research programs of an international scope that the majority of society wants to have suppressed or censored.
d. Research programs and their principle investigators shall fully support giving equal rights to humans who have a minority sexual orientation or gender identity (e.g. the rights of marriage). For ethical reasons, research programs shall not develop or advocate methods to change the sexual orientation or gender identity of a human who has a minority sexual orientation or gender identity. (See below for examples of research programs disqualified for the Magnus Hirschfeld Fund)
e. Research funding decisions shall be made by an academic committee, appointed by the deans from a wide breadth of colleges/departments (e.g. liberal arts, science, animal sciences, engineering, etc.), which is comprised of 4 to 5 interested faculty researchers and one graduate student, who represent a cross section of research interests. The specific process to do this is to be determined and documented by the Foundation, and all funded research programs shall be reviewed annually to check for compliance with this Fund Agreement by the elected representatives of the Oregon State University student cultural center for those who have a minority sexual orientation or gender identity and if there is no such cultural center, then the review shall be conducted by a committee of 4 to 5 students who have a minority sexual orientation or gender identity selected by the Foundation.
f. If this type of research is not able to be funded for any legal reason, then only while any legal reason is in existence, funds shall be for research programs in the Colleges of Science and Engineering as may be recommended by the Deans of Science and Engineering. If no such colleges exist, then for the benefit of Oregon State University as may be recommended by the President of the University and approved by the Board of Governors of the Foundation.
Examples of research programs qualified for the Magnus Hirschfeld Fund:
1.) Charles E. Roselli, et al., "The Volume of a Sexually Dimorphic Nucleus in the Ovine Medial Preoptic Area/Anterior Hypothalamus Varies with Sexual Partner Preference," Endocrinology, February 2004, 145(2):478-483. This research on homosexual sheep was done in part by researchers in the OSU Department of Animal Sciences including Professor Fredrick Stormshak.
2.) Lisa C. Ryner, et al., "Control of Male Sexual Behavior and Sexual Orientation in Drosophila by the fruitless Gene," Cell, December 13, 1996, Vol. 87, 1079-1089, Research into the genetics of sexual orientation and courtship behavior in fruit flies was done in part by researchers in the OSU Department of Zoology including Professor Barbara J. Taylor. While research that modifies humans is disqualified for the Magnus Hirschfeld Fund, genetic or other modification of animals (fruit flies in this study) is permissible provided the goal is to further scientific knowledge and not to justify denying equal rights to those who have a minority sexual orientation or gender identity.
3.) Vern L. Bullough, "Before Stonewall: activists for gay and lesbian rights in historical context," Haworth Press, 2002, pp. 368, 392. Bullough's early research work from the 1960s to 1980s was sponsored by the Reed Erickson Foundation. Erickson was a transgender person who sponsored some important research on homosexuality that led to homosexuality being removed from the list of mental disorders worldwide. Bullough also has multidisciplinary academic credentials in both nursing and history. The Magnus Hirschfeld Fund wants to encourage similar multidisciplinary research of an international scope.
4.) Daniel D. Federman, et al., "Three Facets of Sexual Differentiation," William G. Reiner, et al., "Discordant Sexual Identity in Some Genetic Males with Cloacal Exstrophy Assigned to Female Sex at Birth," David T. MacLaughlin, et al., "Sex Determination and Differentiation," and Jose A. Karam, et al., "True Hermaphroditism," New England Journal of Medicine, January 22, 2004, Vol. 350, No. 4, 321, 323-324, 333-341, 367-378, 393. These types of research programs on intersex individuals have proven that it is impossible to categorize all humans as being either biologically male or female. Human experiments done by Professor John Money, starting in the 1950s, surgically altered intersex babies and raised them as females, but some of them grew up and were highly dissatisfied with their assigned gender. Several decided to change back to being male. For ethical reasons, this is why the Magnus Hirschfeld Fund shall not sponsor research on sexual orientation or gender identity that wants to change or modify a human's sexual orientation or gender identity, but research to debunk the unscientific claims of such research may be funded.
5.) Barbara Finlay, Carol S. Walther, "The Relation of Religious Affiliation, Service Attendance, and Other Factors To Homophobic Attitudes Among University Students," Review of Religious Research, Vol. 44, No. 4, June, 2003. This research program concerns religion-based opposition to homosexuality. It does not support any anti-gay religious viewpoint. The Magnus Hischfeld Fund may support research about anti-gay faith-based beliefs provided that the research does not develop or advocate methods to change the sexual orientation or identity of a person who has a minority sexual orientation or gender identity. (See examples of disqualified research programs below)
6.) Juris Dilevko and Lisa Gottlieb, "Selection and Cataloging of Adult Pornography Web Sites for Academic Libraries," The Journal of Academic Librarianship, Vol. 30, No. 1, 36-50. Research into how professional academic libraries should provide access to embarrassing or controversial web sites including ones needed for research on lesbian, gay and bisexual matters. These types of controversial academic research programs should be given funding priority by the Magnus Hirschfeld Fund because they are often suppressed or censored by the majority of society.
Examples of research programs disqualified for the Magnus Hirschfeld Fund:
1.) Christopher H. Rosik, "Motivational, Ethical, and Epistemological Foundations in the Treatment of Unwanted Homoerotic Attraction," Journal of Marital & Family Therapy, January 2003, Vol. 20, No. 1, 1-2, 13-46. The editor of the journal was widely criticized for publishing this study under the guise of not suppressing scientific dissent. It advocates ex-gay conversion therapy supposedly to support the individual's right to self-determination. For ethical reasons, the Magnus Hirschfeld Fund shall not sponsor research that advocates changing or modifying a human's sexual orientation or gender identity, but it may sponsor research to debunk the unscientific claims of conversion research.
2.) Warren Throckmorton, "Initial Empirical and Clinical Findings Concerning the Change Process for Ex-Gays," Professional Psychology: Research and Practice, June 2002, Vol. 33, No. 3, 242-248. This researcher is affiliated with a religious college that teaches homosexuality is a sin and therefore undeserving of equal rights. The Magnus Hirschfeld Fund may sponsor research on how religion negatively impacts people with a minority sexual orientation or gender identity, but it shall not sponsor any principle investigator who opposes giving equal rights to gay people. (e.g. including the rights of marriage)
3.) Mark A. Yarhouse and Lori A. Burkett, "An Inclusive Response to LGB and Conservative Religious Persons: The Case of Same-Sex Attraction and Behavior," Professional Psychology: Research and Practice, June 2002, Vol. 33, 235-241. Another paper from a religious college with an anti-gay agenda. (Note: Both of the above papers were published only as part of a special section on faith-based research that included other papers that strongly rebutted their claims. Otherwise, these anti-gay papers would not have been qualified for publication in these respected journals.)
4.) Jon S. Lasser, et al., "Treating Patients Distressed Regarding Their Sexual Orientation: Clinical and Ethical Alternatives," Professional Psychology: Research and Practice, April 2004, Vol. 35, No. 2, 194-200. This paper accepts some faith-based ex-gay therapies as being ethical, which would disqualify it for funding by the Magus Hirschfeld Fund.
5.) Glenn Smith, et al., "Treatments of homosexuality in Britain since the 1950s: the experience of professionals," British Medical Journal, 21 February 2004, 2004;328:429, and Michael King, et al. "Treatments of homosexuality in Britian since the 1950s - an oral history: the experience of patients," op cit 2004;328:427. Historical research into past cures and treatments for homosexuality. These papers provide examples of past research that would be disqualified for the Magnus Hirschfeld Fund. However, the historical research in these papers may be funded to expose the mistakes of these research programs.
6.) Joseph Nicolosi and Linda Ames Nicolosi, "A Parent's Guide to Preventing Homosexuality," InterVarsity Press, 2002. Nicolosi is a popular TV and radio talk show guest who still subscribes to an archaic Freudian theory that the way parents raise their kids determines if they will become gay or straight. Although Nicolosi pretends that his research is not anti-gay or based on religion, much of his research has been funded by the Catholic Church and evangelical Christian groups who teach that homosexuality is a sin and should be suppressed in individuals via so-called ex-gay reparative therapy. The Magnus Hirschfeld Fund may sponsor research to debunk the unscientific claims of these groups, but it shall not fund research to develop or advocate methods to change or modify sexual orientation or gender identity.
This Fund shall be administered in a manner that does not discriminate on the basis of race, color, religion, age, gender, national origin, disability, sexual orientation or other protected category.
V. ADDITIONAL GIFTS
The Donors or any other person or entity may make additional contributions of cash or property to the Fund, either during their lifetime or by bequest. All such contributions shall be subject to terms and conditions of this Agreement.
VI. RETAINED RIGHT TO AMEND
The Donors expressly reserve the right to amend or modify this Agreement from time to time, with the consent of the Foundation, whenever (a) necessary or advisable for the convenient or efficient administration of this fund; (b) to enable the Foundation to carry out the purposes of the Fund more effectively; (c) to redirect the charitable use of the Fund by the Foundation for the benefit of Oregon State University; or (d) to permit the Foundation to fully expend all accumulated historical principal, net appreciation and income; but no such amendment or modification shall alter the intention of the Donors that this Fund be operated exclusively for charitable, scientific, literary, or educational purposes within the United States or any of its possessions. Further, it is the Donors' intent that this Fund be operated at all times in a manner which will make this Fund tax exempt and the donations to it deductible from taxable income to the extent allowed by the provisions of the Internal Revenue Code and other applicable legislation and regulations. Except as provided in Article VII, every amendment or modification of the Agreement shall be in writing and shall be signed by the Donors and the Foundation pursuant to ORS 128.345(1) and (3).
VII. CONSENT TO AMEND IF PURPOSE NO LONGER EXISTSIf at any time following the death or incapacity of the Donors, the Foundation, in consultation with the University, determines that the purpose for which this Fund was established no longer exists, or may not reasonably be accomplished, the Donors hereby expressly agree that this Fund may be utilized for such alternate purposes as the Foundation, in consultation with the University and a committee composed of elected representatives of the Oregon State University student cultural center for those who have a minority sexual orientation or gender identity and if there is no such cultural center, then a committee of four students who have a minority sexual orientation or gender identity selected by the Foundation, shall determine most closely represents the Donors' original intent, and this Agreement shall be deemed so amended. The Fund shall at all times retain its identity.
VIII. INSUFFICIENT PRINCIPAL
Notwithstanding Article III, Paragraph 1, of this Agreement, if the Foundation, in consultation with the University, determines that the amount and extent of the principal remaining in the Fund is insufficient to justify continuing this Fund as a an endowed Fund, and that there is no likelihood of any future additional gifts to this Fund, this Fund may be terminated and the remaining principal be distributed for the purposes set forth in Article II consistent with the Criteria set forth in Article III.
IX. ENDOWMENT REPORTS
An annual report on the status of this endowment and its grants and uses will be prepared by the Foundation following the close of the fiscal year on June 30. The Donors request that after their deaths the reports be sent to the Oregon State University student cultural center for those who have a minority sexual orientation or gender identity. If there is no such cultural center, then the annual report shall be sent to the Board of Directors of the American Civil Liberties Union Foundation of Oregon. The Donor is asked to keep the Foundation informed of any changes in names or addresses for reporting purposes.
IN TESTIMONY WHEREOF, the Donors and the Foundation have caused this Agreement to be executed as of the date first written above.
Donor, Thomas F. Kraemer
Corvallis, Oregon 97330
Donor, Kimberley S. Kraemer
Corvallis, Oregon 97330
OREGON STATE UNIVERSITY FOUNDATION
An Oregon nonprofit corporation
850 SW35th Street
Corvallis, OR 97333-4015
(541)737-4218 or toll free 1-800-354-7281
By: _(signed Jan. 31, 2005)______
J. Michael Goodwin
(Sharon Hogan, attorney for the OSU Foundation, retained one signed copy of this fund agreement for the OSU Foundation files. The other signed copy is in Thomas Kraemer's safe with his will and other estate planning documents.)