Gay Rights Groups Seek to Intervene in Federal Challenge to Calif. Same-Sex Marriage Ban
Gay rights groups’ attempt to intervene in a federal challenge of California’s Proposition 8 has created a rift with the high-powered attorneys heading the case, turning erstwhile allies into head-butting competitors.
Both sides have diverging visions of legal strategy. The gay groups are pushing a cautious, narrow approach based on the circumstances of Prop 8, while Theodore Olson, David Boies and their backers are seeking a decisive victory for all gay couples under the U.S. Constitution.
The civil rights groups — the National Center for Lesbian Rights, Lambda Legal Defense and Education Fund and the American Civil Liberties Union — are also worried that the Olson/Boies team is underestimating the importance of U.S. District Chief Judge Vaughn Walker’s insistence on a fully developed factual record. They moved this month to intervene (pdf) so they can present evidence of historic discrimination against gays and lesbians and answer Walker’s questions, such as whether sexual orientation can be changed and whether same-sex marriages destabilize opposite-sex marriages.
See Gay Rights Groups Seek to Intervene in Federal Challenge to Calif …
Above the Law
* Tags = gay men gay news lesbian news transgender bisexual
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DOJ Will Not Appeal Veteran’s VictoryIn Transgender Discrimination Case
Signals Commitment By Obama Administration To Protect Transgender Workers From Discrimination
WASHINGTON, DC – The U.S. Department of Justice decided not to appeal a federal court ruling awarding transgender veteran Diane Schroer the maximum compensation for the discrimination she suffered after being refused a job with the Library of Congress. The deadline for seeking an appeal was June 30. The American Civil Liberties Union has represented Schroer in her case.
The Obama administration’s decision whether to appeal the final ruling in the case has been closely watched in part because the Bush administration defended the case so vigorously, arguing that transgender Americans are not protected by any existing federal laws. The decision not to appeal the verdict is consistent with the Obama administration’s campaign promises to protect transgender workers against discrimination and his administration’s recent order taking steps to bar gender identity discrimination in federal employment.
“I am grateful that the court took the time to examine the case in detail and come to a fair and unbiased decision. In that same light, I am gratified that the current administration saw this for what it was, a case of sex discrimination focused against transgender people, and recognized that it must end in this country,” said Schroer, an Army Special Forces veteran with 25 years service. “The important signal that the administration’s decision sends to all LGBT individuals gives me renewed hope and restores some of my shaken faith in what our country stands for.”
On April 29, 2009, a federal court awarded Schroer maximum damages of $491,190 for back pay, other financial losses and emotional pain and suffering after finding the Library illegally discriminated against Schroer because of her sex. At trial, Schroer testified that she had applied for a position with the Library of Congress as the senior terrorism research analyst and was offered the job. Prior to starting work, she took her future boss to lunch to explain that she was in the process of transitioning and wished to start work presenting as female. The following day, Schroer received a call from her future boss rescinding the offer, telling her that she wasn’t a “good fit” for the Library of Congress.
“We are pleased and relieved that the Obama administration has decided to bring an end not only to years of hard-fought litigation but also to a painful chapter of Ms. Schroer’s extraordinary life,” said Sharon McGowan, a staff attorney with the ACLU LGBT Project. “The administration’s decision not to challenge this important civil rights ruling is a welcome sign that it intends to live up to its commitment to help end transgender discrimination in the workplace.”
The ACLU filed the lawsuit against the Library of Congress on June 2, 2005, charging that the library unlawfully refused to hire Schroer in violation of Title VII of the Civil Rights Act of 1964, which prohibits sex discrimination in the workplace. In an earlier ruling in this case, the court issued a groundbreaking opinion that discriminating against someone who transitions from living as one gender to another is sex discrimination under federal law. In reaching this decision, the court compared the discrimination faced by Schroer to religious-based discrimination, saying, “Imagine that an employee is fired because she converts from Christianity to Judaism. Imagine too that her employer testified that he harbors no bias toward either Christians or Jews but only ‘converts.’ That would be a clear case of discrimination ‘because of religion.’ No court would take seriously the notion that ‘converts’ are not covered by the statute.” The court also ruled that the library was guilty of sex stereotyping against Schroer because of its view that she failed to live up to traditional notions of what is male or female.
“This case put employers on notice that discrimination against transgender individuals is like any other form of discrimination – counterproductive and against our principles as a nation,” added Schroer. “But this case alone won’t end the rampant discrimination that transgender people face throughout the country. That’s why we need Congress to pass the Employment Non-Discrimination Act that was introduced last week.”
In addition to McGowan, the legal team consisted of Ken Choe, Senior Staff Attorney for the ACLU LGBT Project, James Esseks, Litigation Director for the ACLU LGBT Project and Arthur Spitzer, Legal Director of the ACLU of the Nation’s Capital.
A copy of the decision, the complaint, a video, a bio and photographs of Diane Schroer are available at: http://www.aclu.org/lgbt/transgender/24969res20050602.html
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Fresno Hospital Bars Lesbian From Visiting Partner And Giving Advice About Her Treatment, ACLU and NCLR Urge Hospital To Adopt Policies Respecting Same-Sex Relationships
“We just couldn’t believe this was happening to us. This was the nightmare that we hoped we’d never have to live through,” said Teresa Rowe, who grew up in Clovis, California, but now lives in the Bay Area with her partner of four years, Kristin Orbin. “Unfortunately, because Kristin suffers from epilepsy, trips to the hospital are pretty common for us, which is why we filled out the legal paper work to make sure I would be able to be with her and make emergency decisions about her care. But the hospital wouldn’t let me see Kristen and ignored my advice about her treatment. They ended up giving her the exact medication I repeatedly asked them not to give her.”
On May 29, 2009, Rowe and Orbin attended the “Meet in the Middle” rally in support of marriage for same-sex couples in Fresno. After the couple completed a 14-mile march in 90 degree heat, Orbin, who suffers from epilepsy, collapsed in a seizure. The couple experienced hostility from the ambulance driver, but Rowe was ultimately allowed to accompany Orbin to Community Regional Medical Center in Fresno. However, when the couple got the hospital, the driver would not allow Rowe to accompany Orbin into the emergency room even though Orbin had been in and out of consciousness, and Rowe was familiar with her medical history and care.
Rowe repeatedly asked hospital employees to allow her to see Orbin and talk to a physician about her care but was refused. She volunteered to have Orbin’s legal paperwork naming Rowe as her health care agent faxed to the hospital but was told that it wouldn’t do any good. When she asked that she at least be allowed to pass along the message that Orbin not be given the drug Ativan, she was told the message would be conveyed. If the message was given to those treating Orbin, it was ignored because Orbin was given the drug, which she didn’t need and which causes her unnecessary pain. Meanwhile, when she was awake, Orbin was also asking to be allowed to see Rowe. Although they were both told that no visitors were allowed in the area where Orbin was being treated, other patients were receiving guests. After being separated for several hours, Orbin finally saw her doctor. She complained to him, and Rowe was eventually allowed to be with her.
“Until the California Supreme Court upheld Prop 8, Kristen and Teresa were planning to get married. In this climate, hospitals must be especially diligent to protect same-sex couples from discrimination,” said Elizabeth Gill, a staff attorney with the ACLU of Northern California. “As these events so painfully demonstrate, no matter what hoops same-sex couples jump through to protect their relationships, these kinds of horrible things will continue to happen as long as couples are denied the recognition and respect that only comes with marriage.”
The letter sent by the ACLU and NCLR charges that it was a violation of state law for the hospital to discriminate against the couple based on their sexual orientation, as well as to refuse to recognize Rowe’s legal authority, which was authorized by Orbin’s advance health care directive. The letter also notes that hospitals must post and follow a patient’s bill of rights that bars discrimination based on sexual orientation and grants patients the ability to designate visitors of their choosing and to decide who is able to make emergency decision about their care. The letter urges Community Medical Centers immediately to affirm their commitment to inclusive and sensitive medical care for LGBT patients, and to take a number of steps to carry out that commitment.
“Discrimination in healthcare settings is still far too common for lesbian, gay, bisexual and transgender people,” said Jason Schneider, MD, President of the Gay and Lesbian Medical Association (GLMA). “No one is served when partners are barred from visitation and kept from participating in conversations about their loved one’s care. It’s bad for doctors who are kept from potentially life threatening information, it’s bad for partners who are left waiting hopelessly in the waiting rooms and it’s especially traumatic for patients who need the love and support that only their partners can provide to help them through health care emergencies.”
A copy of the letter, which gives the hospital until June 22nd to respond, is available at http://www.aclu.org/lgbt/discrim/39854res20090615.html.
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California School Apologizes For Illegally Banning Sixth Grader’s Presentation On Harvey Milk
RAMONA, CA – A California school has apologized to a sixth grader for illegally censoring her classroom presentation about Harvey Milk last month, and school officials promise they won’t engage in unconstitutional restriction of similar free speech in the future. The apology comes after the American Civil Liberties Union sent a letter on May 30 to the Ramona Unified School District about its violation of the student’s free speech rights when it refused to allow her to give the presentation in class. Wrongly citing a school policy on sex education, the school had improperly required classmates to get parental permission to see the presentation during a lunch recess. The student was allowed to give her presentation in class this morning.
“Harvey Milk always stood up for his beliefs and what was right, so I felt like I should do the same thing when my school told me they wouldn’t let me do my presentation,” said Natalie Jones, a sixth grader at Mt. Woodson Elementary School. “I worked really hard on my presentation and I’m glad I’m finally going to get to share it with all of my classmates like everyone else got to.”
The assignment, part of an independent research project class, was to prepare a written report on any topic. Natalie, who was inspired to write about Harvey Milk after watching Sean Penn win an Academy Award for portraying him, got a score of 49 out of a possible 50 points on the written report. Students were then told to make PowerPoint presentations about their reports, which they would show to other students in the class. The day before Natalie was to give her 12-page presentation she was called into the principal’s office and told she couldn’t do so. When her mother spoke with the superintendent about the presentation, she was told Natalie couldn’t give her presentation because of a district board policy on “Family Life/Sex Education.” A few days later, the school sent letters to parents of students in the class, explaining that her presentation would be held during a lunch recess on May 8, and that students could only attend if they had parental permission due to the allegedly “sensitive” nature of the topic.
“Instead of quaking at the mere mention of an LGBT person’s existence, schools must understand that talking about someone who happens to be gay is no more sexual in nature than talking about a person who happens to be heterosexual,” said David Blair-Loy, Legal Director of the ACLU of San Diego and Imperial Counties. “Censoring Natalie’s presentation violated the First Amendment and the California Education Code, and we’re pleased she will finally get to give her presentation on a historical figure who was such a fierce advocate for the rights of not just LGBT Californians but of all people.”
* The school has apologized in writing to Natalie and sent a letter about that apology to all the parents who were sent the school’s letter about the presentation.
* The school allowed Natalie to give her presentation to all the other members of her independent research project class.
* The school has agreed to bring its “Family Life/Sex Education” policy into compliance with state law, and acknowledged that the mention or acknowledgement of a person’s sexual orientation is not sufficient to invoke the statutes and policies on sex education.
“If the school had taken a moment to consider its legal obligation to respect and uphold its students’ free speech rights instead of jumping to erroneous conclusions and trying to justify its actions by wrongly conflating Natalie’s historical presentation with sex education, this would never have happened,” said Elizabeth Gill, a staff attorney with the ACLU national LGBT Project. “There’s a tremendous difference between sex education and writing or talking about someone who happens to be gay, and we’re glad we were able to help the school finally understand that.”
“I’m always proud of my daughter, of course, but I’m even more proud of her for the way she stood up for her rights,” said Bonnie Jones, Natalie’s mother. “We’ve also heard from many people in town and other parents at Natalie’s school who have been amazingly supportive. I think if Harvey Milk were still here today, he’d be happy about how this all worked out.”
Harvey Milk, one of Time Magazine’s “Time 100 Heroes and Icons of the 20th Century” in 1999, has been the subject of several books, an opera, a documentary film that won the 1984 Academy Award for Documentary Feature, and a feature film released last year that won two Academy Awards for Best Original Screenplay and Best Actor. Milk’s birthday is the subject of a bill pending in the California legislature that would make it a state holiday.
For additional information, including a video featuring an interview with Natalie, copies of the school’s apology to Natalie and its letter to parents of students in her class, Natalie’s presentation on Harvey Milk, the school’s letter to parents, and the Ramona U.S.D. “Family Life/Sex Education” policy, can be found online at www.aclu.org/milk
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TSA refuses to hire HIV+ Air Force Vetr to scan luggage, ACLU to sues - wonder if Obama will at lteat fix this?
“I was looking for a way to be able to serve my country once again and to supplement my income through this financial crisis with the possibility of changing my career. But after a lengthy interview and screening process, I was told that I am incapable and unworthy because I have HIV,” said Michael Lamarre, who worked in intelligence for the National Security Administration while serving in the Air Force from 1984 to 1987. “I am a long term HIV survivor, and it has never interfered in my ability to work. As I have learned having lived with HIV for nearly 20 years, people with HIV need to be able to make a living and support themselves just like everyone else as well as have the right to serve their country.”
Lamarre has lived with HIV for 19 years. His viral load is nearly undetectable and he has never had any of the medical conditions associated with AIDS. Just last November he completed a 165 mile bike ride for charity in just 2 days.
Today the ACLU filed a complaint on Lamarre’s behalf with the Equal Employment Opportunity Counselor for the Eastern Region of the TSA charging that the TSA is in violation of its own policy barring discrimination against people with disabilities. A copy of TSA’s non-discrimination policy is available on their website at: http://www.tsa.gov/assets/pdf/civil_rights_policy.pdf. The complaint also charges that the refusal to hire Lamarre violated his equal protection guarantees. It asks the TSA to rescind Lamarre’s disqualification from employment.
“As we have known for quite a while now, people living with HIV can lead long and productive lives and can make significant contributions in all professions, including baggage screeners,” said Dr. Margaret Fischl, MD, director and principal investigator of the AIDS clinical research unit at the University of Miami. “A baggage screener with HIV would pose no risk to others and would be no more likely to become infected with a cold or virus than anyone else working in the airport.”
A copy of the complaint filed by the ACLU as well as the letter notifying Lamarre that he was being disqualified because he has HIV and the paperwork submitted by his doctor stating he is physically capable of performing the duties is available at http://www.aclu.org/hiv/discrim/39827res20090611.html.
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Wisconsin Trial Court Dismisses ACLU Lawsuit Seeking Domestic Partner Benefits For Lesbian and Gay State Employees
The Court’s opinion states: “The plaintiffs have offered a strong showing that the employment benefits in issue have been provided on a discriminatory basis. The defendants’ explanations offered for the continuing discrimination against these plaintiffs are unpersuasive and inadequate.”
“Losing doesn’t get any better than this,” said Larry Dupuis, Litigation Director of the ACLU. “We knew we had an uphill battle in the trial court because of the earlier case. But the court agreed with us that discrimination based on sexual orientation should be subject to strict judicial review and that it is unconstitutional for the state to deny equal benefits.”
The Court also found that providing the benefits would not be barred by the anti-gay marriage amendment that passed in 2006. After the amendment passed, the state had argued that the amendment barred the state from providing the benefits.
The ACLU filed the lawsuit in April 2005 on behalf of six lesbian state employees and their partners. The lawsuit charges that it is a violation of the state’s equal protection guarantees to deny lesbian and gay state employees access to the same health insurance and family leave protections that it provides to straight employees who are able to cover their spouses. The lawsuit was stalled for years because a number of Wisconsin municipalities tried to inject themselves into the lawsuit. The issue ultimately went up to the Wisconsin Supreme Court, which ruled that they were not entitled to become a party to the litigation.
“While we are heartened by the court’s decision, we urge the legislature to pass the domestic partner bill so there will be no need to appeal,” added Chris Ahmuty, Executive Director of the ACLU of Wisconsin. “Our clients are forced to pay expensive prices for inferior health coverage and sometimes even to forego necessary care. They suffer every day this issue goes unresolved.”
Wisconsin Department of Corrections employee Jayne Dunnum and her partner, Robin Timm, pay nearly $450 a month for private insurance for Timm who works on the couple’s organic farm and food store in Platteville. “We don’t care if it happens through the courts or the legislature. We just really need the health insurance coverage,” said Dunnum. “It’s a matter of basic fairness. I work just as hard has my straight colleagues and shouldn’t be denied the equal employment benefits.”
The case is Dunnum v. Department of Employee Trust Funds. The couples are represented by John Knight and Rose Saxe of the ACLU’s Lesbian Gay Bisexual Transgender Project, Larry Dupuis of the ACLU of Wisconsin, and cooperating attorneys Linda Roberson and Christopher Krimmer of the Madison law firm Balisle & Roberson.
Biographical information for all of the couples, today’s decision, the complaint, and additional information are available at http://www.aclu.org/getequal/caseprofiles.htm.
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Bush v. Gore Lawyers Joining Forces To Fight Proposition 8
A coalition of gay rights groups said Wednesday that a federal same-sex marriage lawsuit brought by two high-profile lawyers is premature and they’d rather work through state legislatures and voters to win wedding rights.
A day after the California Supreme Court upheld a voter-approved ban on gay marriage, the American Civil Liberties Union, Lambda Legal and other national organizations issued a statement saying they think the U.S. Supreme Court is not ready to rule in their favor on the issue. See Bush v. Gore Lawyers Joining Forces To Fight Proposition 8 * Tags = gay men gay news lesbian news transgender bisexual
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LGBT groups urge dropping federal gay marriage case
(San Francisco, California) A coalition of gay rights groups says a federal same-sex marriage lawsuit brought by two high-profile litigators is premature.
The American Civil Liberties Union, Lambda Legal and other national organizations issued a statement Wednesday saying they think the U.S. Supreme Court is not ready to issue a favorable …
Tags: American Civil Liberties, American Civil Liberties Union, Civil Liberties Union, Gay California, Gay Groups, Gay Marriage Case, Gay Rights Groups, Groups Sex, Lambda, Lgbt Groups, Litigators, marriage, National Organizations, same sex marriage, San Francisco California, Supreme CourtACLU: School censored student report on Harvey Milk
(San Francisco, California) The American Civil Liberties Union is threatening to sue a San Diego County school that refused to let a student present a report on slain gay rights leader Harvey Milk until her classmates got their parents’ permission to hear it.
David Blair-Loy, legal director of the ACLU of …
Tags: Aclu, American Civil Liberties, American Civil Liberties Union, Civil Liberties Union, Classmates, David Blair, gay rights, harvey milk, Legal Director, Loy, Parents, San Diego County, San Francisco CaliforniaCalifornia School Bans Sixth I Presentation on Harvey Milk
California School Bans Sixth
Grader’s Presentation on Harvey MilkFaces Possible
ACLU Lawsuit For Violation Of State Education Code
RAMONA, CA – Wrongly citing a school policy on sex education, a
California
school illegally censored a sixth grader’s classroom presentation about Harvey
Milk earlier this month. According
to a demand letter sent by the American Civil Liberties Union to the
Ramona Unified School
District today, the school violated Natalie Jones’s
free speech rights when it refused to allow her to give the presentation in
class. Instead, the school
improperly required classmates to get parental permission to see the
presentation during a lunch recess.
“This whole thing is unbelievable –
first my daughter got called into the principal’s office as if she were in some
kind of trouble, and then they treated her presentation like it was something
icky,” said Bonnie Jones, mother of the Mt. Woodson Elementary School
student. “Harvey Milk was an
elected official in this state and an important person in history. To
say my daughter’s presentation is
’sex education’ because Harvey Milk happened to be gay is completely
wrong.”
The assignment, part of an
independent research project class, was originally to prepare a written report
on any topic. Natalie Jones, who
was inspired to write about Harvey Milk after watching Sean Penn win an Academy
Award for portraying him, got a score of 49 out of a possible 50 points on the
written report. Students were then
told to make PowerPoint presentations about their reports, which they
would show
to other students in the class. The
day before Natalie was to give her 12-page presentation she was called into the
principal’s office and told she couldn’t do so.
When Bonnie Jones spoke with the
superintendent about the presentation, he said Natalie couldn’t give her
presentation because of a district board policy on “Family Life/Sex
Education.” A few days later, the
school sent letters to parents of students in the class, explaining that her
presentation would be held during a lunch recess on May 8, and that students
could only attend if they had parental permission.
“The principal and superintendent
grossly misinterpreted school policy.
They illegally censored student speech protected by the First Amendment
and the California Education Code,” said David
Blair-Loy, Legal Director of the ACLU of San Diego and
Imperial
Counties. “Writing or talking about a gay
historical figure who advocated for equal rights for LGBT Californians is in no
way the same thing as talking about sex, and school officials should
not pretend
otherwise.”
The Ramona Unified School
District policy on “Family Life/Sex
Education” reads in part:
“(P)arents/guardians shall be
notified in writing about any instruction in which human reproductive
organs and
their functions, processes, or sexually transmitted diseases are described,
illustrated, or discussed. In
addition, before any instruction on family life, human sexuality, AIDS or
sexually transmitted diseases is given, the parent/guardian shall be provided
with written notice explaining that the instruction will be
given…”
“Schools that act as if any mention
of the existence of gay people is something too controversial or ’sensitive’ to
discuss are doing a disservice to their students,” said Elizabeth
Gill, a staff attorney with the ACLU’s
national LGBT Project. “This school
completely overstepped its bounds in trying to silence Natalie Jones
by shunting
her presentation off to a lunch recess time and misusing a school policy to
justify requiring parental permission to see it.”
In today’s letter, the ACLU is
demanding that the school:
·
Apologize in writing to Natalie
Jones and send a letter about that apology to all the parents who were sent the
principal’s letter about the presentation
·
Give
Natalie Jones an opportunity to give her presentation to all the other members
of her independent research project class
·
Clarify
in writing that the parental notification and permission portion of the “Family
Life/Sex Education” policy only applies to the curricula identified as “course
content” for “Family Life/Sex Education instruction”
The ACLU is giving the district
five days to respond or it may file a lawsuit on Bonnie and Natalie Jones’s
behalf.
Harvey Milk, one of Time Magazine’s “Time 100 Heroes and
Icons of the 20th Century” in 1999, has been the subject of several books, an
opera, a documentary film that won the 1984 Academy Award for Documentary
Feature, and a feature film released last year that won two Academy Awards for
Best Original Screenplay and Best Actor.
Milk’s birthday, the subject of a bill pending in the California legislature
that would make it a state holiday, is this Friday.
For additional information,
including copies of Natalie Jones’s presentation on Harvey Milk, the school’s
letter to parents, and the Ramona U.S.D. “Family Life/Sex Education” policy,
visit http://www.aclu.org/Milk.
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